Nasib Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Dhananjaya Y Chandrachud, J.
1. These appeals arise from a judgment dated 20 December 2019 of a Division Bench of the High Court of Punjab and Haryana in a batch of nine criminal appeals. The High Court remitted the orders of acquittal and conviction arising out of two separate FIRs for fresh trial and directed that the proceedings arising out of both the FIRs be clubbed together under Section 223 CrPC and be tried together by one court. The issue that arises for consideration is whether holding separate trials arising out of two FIRs warrants the direction of the High Court for a de novo trial.
2. The case of the prosecution is that on 13 November 2012, the prosecutrix along with Shinderpal Kaur went to Gugga Mari near Ghaggar river for lighting earthen lamps. While they were returning home, a car driven by accused Gurpreet Singh alias Aman approached them. Balwinder Singh was alleged to be sitting in the rear seat of the vehicle. Gurpreet Singh halted the car near the prosecutrix and Shinderpal Kaur whereupon Balwinder Singh who was known to her opened the door of t
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