- (1.) As, identical questions of law and facts are involved, therefore, I propose to decide the above indicated petitions bearing CRM No.M-25104 of 2012(for brevity "the 1st case") and CRM No.M-25165 of 2012(for short "the 2nd case"), arising out of the same very FIR/crosscase, by means of this common judgment, in order to avoid the repetition.
(2.) The epitome of the facts and material, culminating in the commencement, relevant for disposal of the instant petitions and emanating from the record is that, initially in the wake of complaint of complainant-Balbir Singh son of Durga Dass, respondent No.2 (for brevity "the complainant in the 1st case"), a criminal case was registered against the petitioners-accused Jaswinder Singh and others, by virtue of FIR No.150 dated 13.06.2006, on accusation of having committed the offences punishable under Sections 308, 323, 148 and 149 IPC. Subsequently, during the course of investigation, the offence punishable under Section 325 IPC was substituted in place of offence punishable under Section 308 IPC, by the police of Police Station Balachaur, District Nawanshahr.
(3.) Sequelly, during the course of same incident, Adarsh Kuamr son of Krishan Kumar also sustained injuries. In pursuance of the statement of the complainant-Adarsh Kumar, respondent No.2(for short "the complainant in the 2nd case"), a cross criminal case was also registered against the petitioners-accused Madan Lal and others (in 2nd case), for the commission of offences punishable under Sections 323 and 34 IPC, vide same FIR and by the police of same Police Station Balachaur, District Nawanshahr.;