Kanwaljit Singh Ahluwalia, J. - (1.) JAGWANT Singh alias Jaswant Singh alias Happy son of Bhupinder Singh was named as an accused in case FIR No. 77 dated 16.10.2001, registered at Police Station Dehlon, under Sections 356, 459, 506, 511 IPC. The court of Additional Sessions Judge, Ad hoc, Ludhiana vide its judgment dated 8.1.2003 found Appellant guilty of offences under Sections 459, 392 and 506 IPC and vide a separate order of even date, sentenced him as under:
(2.) THE Appellant was aged 20 -21 years when he committed the offence. The prosecution case emerges in statement Ex. PB made by Albel Singh son of Mohinder Singh. He stated that he was resident of village Kalakh and was doing agricultural work and was also employed as Constable in the Punjab Armed Police. On 12.10.2001, he had gone to his village on five days' leave. He was maintaining two houses; one for residence and the other for cattle. The house where the cattle are tethered, was having boundary wall and a gate. Gurdev Kaur, aged 75 years, mother of the complainant, used to reside in the house where the cattle were kept. On 15.10.2001 at about 8.15 p.m., the complainant had gone to the house where the cattle were kept and he heard a noise of his mother "Maar taa, Maar taa". The complainant went inside the house and found that the electric bulbs were emitting light and Jagwant Singh @ Happy, resident of the village, was having some articles in his hand. Seeing the complainant, he scaled the wall and ran away. The complainant tried to apprehend him but could not succeed due to darkness. The complainant went to his mother and inquired about the matter whereupon his mother told him that an unknown person entered the house while jumping over the wall and tried to throttle the neck of the old lady and had forcibly snatched earrings due to which ear lobule had split and there was bleeding. The complainant took his mother to his house and first aid was provided by Dr. Prem Singh. Since the mother was taken to the doctor, the matter could not be reported to the police.
(3.) OCCURRENCE in the present case has taken place on 15.10.2001 at 8.15 p.m. The matter was reported to the police on the next day, i.e., 16.10.2001 at 12.10 p.m. On the basis of the statement Ex. PB, formal FIR Ex. PB/3 was registered.;