HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave is directed against an order passed by the Punjab and Haryana High Court dated May 9, 1984 upholding with certain modifications the order of the Additional Sessions Judge, Barnala dated April 24, 1984 directing that the two sessions trials be consolidated and clubbed together, and the evidence recorded in one case be read as evidence in the other.

(2.) The short point involved in this appeal is whether under S. 223 of the Criminal Procedure Code, 1973 it is permissible for the Court to club and consolidate the case on a police challan and the case on a complaint where the prosecution versions in the police challan case and the complaint case are materially different, contradictory and mutually exclusive. The question is whether the Court should in the facts and circumstances of the case direct that the two cases should be tried together but not consolidated i.e. the evidence be recorded separately in both cases and they may be disposed of simultaneously except to the extent that the witnesses for the prosecution which are common to both may be examined in one case and their evidence be read as evidence in the other.

(3.) Shortly stated, the facts are these. On the night intervening April 24/25, 1983, an occurrence took place at village Bhadaur in district Sangrur in which the nine respondents before us respondents Nos. 2 to 10 are alleged to have committed the murder of as many as five persons belonging to the complainant's party, three of whom died of gunshot injuries and two as a result of injuries inflicted by sharp-edged weapons. According to the post-mortem report, the deceased Nachattar Singh had been hacked to death and his head was severed. During the occurrence the complainant Harjinder Singh also received gunshot injuries. The first information report was lodged by one Chanan Singh, Head Constable, Police Station Bhadaur. After investigation the police put up a challan against the three respondents Nos. 2, 3 and 4 Karnail Singh, Mohinder Singh and Gurcharan Singh and they have been committed to stand their trial in the Court of Session at Barnala for having committed offences punishable under Ss. 302, 307, 342 and 440, all read with Ss. 149, 148 and 120B of the Indian Penal Code, 1860 and Ss. 25 and 27 of the Arms Act, 1959.