(1.) APPELLANT faced trial for offence under Sections 449, 302, 323 IPC in case bearing FIR No. 120 dated 27.7.1999 registered at Police Station City Moga and was convicted and sentenced as follows : - <FRM>JUDGEMENT_546_LAWS(P&H)3_20141.htm</FRM>
(2.) THE case of the prosecution in brief is that on 27.7.1999, Sham Sunder (deceased) had gone to fetch milk for his family at 4 a.m. On his return, he found a person present in the drawing room and raised lalkara, which attracted the complainant, Navdeep Kapoor, his son and wife Komal. The intruder had scuffle with the complainant, his mother, father and gave fist blows. He picked a wrench lying in the drawing room and hit the mother on the back of her right hand. The complainant and his father Sham Sunder went ahead resulting in a scuffle with him. The intruder gave push with his both hands to Sham Sunder, who fell on the ground and became unconscious. The intruder was named in the FIR as Ravinder Singh alias Partap (appellant). The complainant rushed to a doctor to provide medical aid to his father and taking the benefit, the appellant succeeded in slipping away from the spot. The doctor on arrival declared Sham Sunder as dead. The matter was reported to the police vide statement of Navdeep Kapoor Ex. PH, whereupon SI/SHO Police Station City Moga made endorsement Ex. PH/3, on which the FIR Ex. PH/1 was registered.
(3.) THE appellant was arrested on 28.7.1999 and after completion of investigation, challan was presented in Court for offence punishable under Sections 458, 460, 323, 302, 458 IPC.