The principle of parity and the lack of evidence of shared common intention influenced the court's decision to acquit the appellant of the charges.

JUDGMENT

Sanjay Vashisth, J. - This judgment shall dispose of CRA-S-2501-SB-2007 and CRR-730-2008, as they both are interconnected matters and are arising out of the same judgment of conviction and order of sentence dated 04.12.2007. However, the facts are being extracted from CRA-S-2501-SB-2007.

2. Appellant - Jaswinder Singh, then aged 33 years, has filed present appeal against the judgment of conviction and order of sentence dated 04.12.2007, passed by the Ld. Additional Sessions Judge, Fast Track Court, Fatehgarh Sahib, in Sessions Case No.22-T of 2003/2007, arising out of FIR No.127, dated 22.09.2003, under Section 307/34 of IPC, registered at Police Station Bassi Pathana. Accused-appellant was held guilty for commission of offences punishable under Sections 307/34 of IPC, and was ordered to undergo sentence(s), as detailed in the following table:

2. Accused (i) Jaswinder Singh, and (ii) Kirpal Singh, faced the proceedings in case FIR No.127, dated 22.09.2003, under Section(s) 307/34 of IPC, registered at Police Station Bassi Pathana, Distt. Fatehgarh Sahib. However, as per the note given on the preface of the impugned judgment, case of accused Kirpal Singh (main accused) was already sent to the Army Authorities for trial vide order dated 19.02.2004. Thus, trial in the present case was conducted against one accused i.e. Jaswinder Singh in Sessions Case No.22-T of 2003/2007.

3. Facts emerging from First Information Report (F.I.R.) are that on the statement of injured Gurpreet Singh s/o Susander Singh, r/o Balari Kalan, P.S. Sirhind, was recorded on 19.09.2003 that 'he along with his brother Baldev Singh and relative Sodagar Singh had gone to village Main Majri to see the fair and at about 9.30 p.m., Jaswinder Singh of his village came to him and took him to inside on the pretext of some talk. Jaswinder Singh was under the influence of liquor at that time and his brother Kirpal Singh, who has come on leave from Military was also standing there. Jaswinder Singh then caught hold of him and Kirpal Singh gave knife blow which hit on his neck. Complainant Gurpreet Singh then raised alarm 'Marta Marta', which attracted his brother Baldev Singh and his relative Sodagar Singh. The accused then ran away from the spot. Both Baldev Singh and Sodagar Singh took him to Civil Hospital, Fatehgarh Sahib for treatment. The motive behind the occurrence was that Jaswinder Singh every day was going near the house of complainant under the influence of liquor and he was stopped from doing so and due to this reason, they caused injuries to him. Beneath the said statement ASI Pritpal Singh made endorsement and sent the same to police station for recording of the FIR which was recorded by ASI Pakhar Ram. '.

4. After completion of investigation, final report under Section 173 Cr.P.C. was submitted to the Court of Area Magistrate. Thereupon, case was committed to the Court of Sessions qua both the named accused in the FIR i.e. Jaswinder Singh and Kirpal Singh. However, on moving an application for transfer of the case of accused Kirpal Singh to the Army Authorities, same was allowed and was forwarded to the Army Authorities for its trial. This way, charges were framed against accused-appellant Jaswinder Singh under Section 307 r/w 34 of IPC on 29.09.2004.

5. To prove its case, prosecution examined as many as total 10 witnesses (PW1 to PW10). Injured Gurpreet Singh appeared as PW1. Examination-in-chief of Gurpreet Singh (PW1) is reproduced herein-below:-

'On 19.9.2003, I alongwith my brother Baldev Singh, and our relation Saudagu Singh went to see fair at Vill. Anandpur Kalaur. At about 9.30 p.m. at night, Jaswinder Singh accused present in court came to us and he had taken liquor. He asked me to come near to him as he wanted to say something to me. He took me inside and asked me that I was playing mis-chief in the village. He grappled me and Kirpal