RAJ KUMAR JULKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants are seeking leave to appeal under Sec. 378 (4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.') against the judgment dtd. 4/2/2019 passed by learned Additional Sessions Judge, Gurdaspur, in Sessions Case No. 14/2009, titled State vs. Harinder Pal Singh and others, assailing the findings of acquittal of respondents Jagir Singh, Gurbinder Singh, Gurwinder Singh and the proclaimed offender Ranjit Singh under Ss. 307/506/148/149 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') and also assailing the order granting benefit of probation to respondents Harinder Pal Singh, Lakhwinder Rana, Sukhdev Singh and Gurbachan Singh for offences punishable under Ss. 452 and 336 read with Sec. 34 IPC. CRA-S-1360-2019 (O&M), Harinder Pal Singh and others vs. State of Punjab, Appellants-convicts have filed criminal appeal under Sec. 376 Cr.P.C. and Sec. 11 (2) Probation of Offenders Act, 1958 against the same judgment dtd. 4/2/2019 passed by learned Additional Sessions Judge, Gurdaspur, in Sessions Case No. 14/2009, titled State vs. Harinder Pal Singh and others assailing the findings of their conviction and order of sentence under Ss. 452, and 336 read with Sec. 34 IPC, by which they were released on probation for a period of 2 years. CRM-A-2557-2019, titled Harinder Pal Singh vs. Raj Kumar and others Appellant is seeking leave to appeal under Sec. 378 (4) Cr.P.C. against the judgment dtd. 4/2/2019 passed by learned Additional Sessions Judge, Gurdaspur, in Sessions Case No. 75/2006, titled State vs. Raj Kumar and others, assailing the findings of acquittal of respondents Raj Kumar, Anil Kumar, Sumit Kumar, Munish Kumar, Vijay Kumar and Rajiv Kumar from the charges framed under Ss. 307/326/324/323/148/149 IPC and under Sec. 27 of the Indian Arms Act, 1957. As per the judgment of the trial Court, accused Parshotam Lal died during the trial and proceedings stood abated vide order dtd. 6/6/2013. FACTS

(2.) It is a case of version and cross-version set up by Raj Kumar Julka (appellant in CRM-A-69-2020, titled Raj Kumar Julka and another vs. State of Punjab and other) (hereinafter referred as 'the appellant Raj Kumar') and by Sh. Harinderpal Singh (appellant in CRA-S-1360-2019 and CRM-A-2557-2019) (hereinafter referred as 'the appellant Harinderpal Singh').

(3.) FIR No. 102, dtd. 1/8/2004 was registered at the instance of appellant Raj Kumar Julka under Ss. 336/148/149 IPC and Sec. 25 of the Arms Act against the accused Harinderpal Singh and 20-25 other unknown persons in Police Station City Batala.