- (1.) As, identical questions of law and facts are involved, therefore, I propose to decide the above indicated petitions bearing CRM No.M-26481 of 2012(for brevity "the 1 st case") and CRM No.M-33505 of 2012(for short "the 2 nd case"), arising out of the same very incident/crosscase, by means of this common judgment, in order to avoid the repetition.
(2.) Tersely, the facts and material, culminating in the commencement, relevant for disposal of the instant petitions and emanating from the record are that, initially in the wake of complaint of complainant-Sarabjit Singh son of Harbans Singh, respondent No.2 (for brevity "the complainant in the 1 st case"), a criminal case was registered against the petitioners-accused Kala Singh and others, by means of FIR No.4 dated 15.01.2008(Annexure P-1) for causing injuries to the complainant, on accusation of having committed the offences punishable under Sections 326, 324, 452 and 34 IPC, by the police of Police Station Purana Shalla(now Police Station Bhaini Mian Khan), Tehsil and District Gurdaspur.
(3.) Sequelly, during the course of same incident/occurrence, it was claimed that Lakhwinder Singh son of Tara Singh, respondent No.2 (for short "the complainant in the 2 nd case") also sustained injuries at the hands of Sarabjit Singh and others. Although, he was stated to have reported the matter to the police, but the police did not register the crossversion/case against the accused Sarabjit Singh and others(in 2 nd case), which necessitated him to file a private criminal complaint(Annexure P-1), in which, they were summoned to face trial, for the commission of offences punishable under Sections 326, 324, 323 and 34 IPC, pertaining to the same Police Station Purana Shalla(now Police Station Bhaini Mian Khan), Tehsil and District Gurdaspur.;