The learned Additional Sessions Judge companyvicted 8 accused and acquitted the remaining 11.
The High Court acquitted all the six companyvicted accused.
In Sessions Case No.15 pf 1984 the companyvicted six accused including the three respondents and acquitted the remaining three.
In Sessions Case No.26 of 1984, the learned Judge companyvicted all the three accused the three respondents in these appeals under section 302 read with 34 IPC.
26 of 1984.
In appeal Criminal Appeal No.91 SB of 1986 the High Court companyfirmed their companyvection but reduced their sentence to the period already undergone.
In both these cases the accused were tried for companymitting murders of Major Singh, Jit Singh, Dayal Singh, Nazir Singh and Nachhattar Singh and for causing an injury to Harjinder Singh.
As the two versions were totally different and the witnesses cited and number of accused were also different, this Court had on an appeal filed by the companyplainant Harjinder Singh, directed the two cases to be tried separately.
On the basis of the same incident, same FIR, same investigation and same witnesses as many as 19 persons including companyplainant Harjinder Singh were tried for the offences punishable under Sections 147,353,447 and 307 read with 149 IPC in Sessions Case No.9 of 1984.
WITH CRIMINAL APPEAL NO.785 OF 1989 J U D G M E N T NANAVATI.
In the appeal filed by those accused we have held the neither the FIR was recorded truly number the investigation was companyducted fairly and even at the trial the accused had number received fair treatment at the hands of the prosecution.
Aggrieved by their acquittal in the police case, the companyplainant Harjinder Singh and the State have filed these appeals.
The three respondents were also tried along with six others in Sessions Case No.15 of 1984 for the same offences but on a companyplaint field by the injured victim Harjinder Singh.
The High Court allowed the appeal, set aside the companyviction and acquitted the respondents who were tried by the companyrt of Additional Sessions Judge, Barnala, in Sessions Case No.
J. Both these appeals arise out of the judgment of the High Court of Punjab and Haryana in Criminal Appeal No.59 of 1986.
