- (1.) BY way of this order, I shall dispose of Criminal Appeal No. S -929 SB of 2003 titled "Kuldeep Singh vs. State of Haryana" and Criminal Appeal No. S - 1096 -SB of 2003 titled "Kuldeep Singh and others vs. State of Haryana" as these are the off shoot of judgment dated 7.4.2003 passed by the Additional Sessions Judge, Sirsa and involve identical questions of law and facts for adjudication.
(2.) THE facts as noticed from the judgment of the trial Court reads as follows: - On 29.9.1997, Sukhbir Singh son of Dalip Singh made a statement that at about 8 -00 p.m., he along with Surjit Singh and Kulwant Singh had gone to Railway Station, Kalanwali at about 9.30 a.m. to arrange labour for picking up cotton balls. He was attacked by all the accused, in front of office of the Assistant Station Master at Platform No. 1. Kuldeep Singh son of Baldev Singh was armed with kirpan, Darshan Singh was armed with a lathi and Kulwant Singh, Gurdev Singh and Kuldeep Singh sons of Jagga Singh were armed with gandasis. Gurdev Singh raised a lalkara that complainant should be taught a lesson for opposing his wife in elections. Kuldeep Singh raised a lalkara that complainant be taught a lesson for appearing as a witness in a criminal case against his brother Surjit Singh. All the accused participated in the attack and caused injuries to the complainant with their respective weapons. He fell down after sustaining injuries. Surjit and Kulwant continued raising alarm seeking help. Assuming him to be dead, the accused left the scene of crime.
(3.) COMPLETION of evidence, challan was presented in the Court against Kuldeep Singh son of Baldev Singh and Kulwant Singh son of Jagir Singh. The case was committed to the Court of Sessions after necessary compliance with the provisions of Section 207 of the Code of Criminal Procedure (for short "the Code"). During course of trial, accused Kuldeep Singh son of Jagga Singh, Gurdev Singh and Darshan Singh were summoned to face trial under Section 319 of the Code. The accused were charged for commission of offence punishable under Sections 148, 149, 307 IPC to which they pleaded not guilty and claimed trial.;