- (1.) As identical points of law and facts are involved, therefore, I propose to decide the indicated petitions i.e. CRM No. M-16641 of 2014 titled as "Shhinder Pal Singh & Ors. Vs. State of Punjab & Ors." (for brevity "the 1st petition") and CRM No.M-16600 of 2014 titled as "Darshan Singh & Ors. Vs. State of Punjab & Ors" (for short "2nd petition"), arising out of the same incident/cross cases/FIR/DDR, vide this common order to avoid the repetition of facts.
(2.) The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petitions and emanating from the record, is that initially, in the wake of complaint of complainant Darshan Singh s/o Inder Singh, respondent No.2 (for brevity "the complainant"), a criminal case was registered against petitioners-accused Shhinder Pal Singh son of Bohar Singh and others (in 1st petition), vide FIR No.190 dated 17.6.2004 (Annexure P1), on accusation of having committed the offences punishable u/ss 323 & 324 read with section 34 IPC (the offence punishable u/s 326 IPC was later on added), by the police of Police Station Sadar, Fazilka.
(3.) Sequelly, in pursuance of statement of complainant Bohar Singh s/o Dulla Singh (for short "the complainant), a cross criminal case arising out of the same incident, was also registered against petitionersaccused Darshan Singh s/o Inder Singh and others (in 2nd petition), by way of DDR No.37 dated 17.6.2004 (Annexure P2) for the commission of offences punishable u/ss 148, 323 and 324 read with section 149 IPC by the police of same very police station.;