Rekha Mittal, J. - (1.) BY way of this order, I shall dispose of CRA -S -2827 -SB of 2013 titled "Manga Singh vs. State of Punjab" and CRR No. 2100 of 2013 titled "Harpal Singh vs. State of Punjab and another", as these have arisen out of the same judgment of conviction and order of sentence. For the sake of convenience, the facts are being taken from CRA -S -2827 -SB of 2013.
(2.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 24.4.2013 passed by the Additional Sessions Judge, Sirsa whereby the appellant has been convicted and sentenced for commission of offence punishable under Sections 458, 459 and 324 of the Indian Penal Code, detailed hereinbelow: - Dalip Kaur, injured -victim was admitted in Adesh Hospital, Muktsar and was declared unfit to make statement on 31.1.2010 and 1.2.2010. Harpal Singh son of Dalip Kaur got recorded his statement that he with his family has been residing in House No. 3164, Sector -50 -D, Chandigarh being posted as Legal Advisor in Punjab State Warehousing Corporation, Chandigarh. His mother Dalip Kaur was living alone in their house in village Jhurar. On 31.1.2010, at about 7.30 p.m., he received intimation that some unknown person has caused injuries to Dalip Kaur by entering their house to commit theft and Tek Singh son of Baggar Singh had taken his mother for medical treatment to Adesh Hospital, Muktsar. He alongwith his son Davinderjit Singh and wife Paramjit Kaur reached Adesh Hospital, Muktsar where his mother was under treatment.
(3.) ON the statement of the complainant, formal FIR was registered and investigation commenced. The statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure (for short "Cr.P.C."). Site plan of the place of occurrence was prepared. The accused was arrested and weapon of offence was recovered in pursuance of the disclosure statement made by him. The statement of injured -victim Dalip Kaur was recorded and her medico legal report was obtained from Adesh Hospital, Muktsar Sahib. On completion of investigation, report under Section 173 Cr.P.C. was presented in the court for commencement of trial.;