- (1.) Criminal Appeal No. 157 of 1985 is filed by the appellant-original accused No. 1 under Section 14 (I) of the Terrorist Affected Areas (Special Courts) Act, against the judgment and order dated 9th January, 1985 passed by the learned Judge, Special Court, Ferozepur in case No. 36 of 1984. The learned Special Judge found the appellant guilty of committing the murder of Naib Singh and accordingly sentenced him to suffer imprisonment for life under Section 302 of the Indian Penal Code and also sentenced him to suffer rigorous imprisonment for nine months for an offence punishable under Section 324 of the Indian Penal Code for causing simple hurt to Balvinder Singh (PW 5)
(2.) Criminal Appeal No. 63 of 1988 is filed by Balbir Singh - the complainant against the very same judgment challenging the acquittal of Nachhatar Singh and Sukhpal Singh under Section 302/34 of the Indian Penal Code. Since both these appeals arise out of the common judgment, they are being disposed of by this judgment.
(3.) The appellant is brother of Nachhatar Singh (A-2) and Sukhpal Singh is son of the appellant (A-3). They were put up for trial for committing the murder of Naib Singh and causing grievous injuries to the prosecution witnesses. Sukhpal Singh was convicted by the trial Court under Section 323 of the Indian Penal Code but Nachhatar Singh was acquitted.;