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10. It has further been argued by learned counsel for the appellant that even if the prosecution version be believed the offence disclosed against the appellant is under Sections 323, 449 IPC. The appellant has already undergone six months imprisonment and as such a lenient view be taken regarding the quantum of sentence.

11. Learned State counsel has argued that the occurrence has taken place in the early hours of the morning at about 5/5:30 a.m. The appellant had entered the house of the complainant. Deceased was hale and hearty. He had been getting up at 4:00 a.m. and used to go for fetching milk for his family. He had returned his house at about 5:00 a.m. when he found the appellant in the house. It was the impact of the push given by the appellant that deceased died at the spot. He had also caused injury with the wrench lying there, on the person of wife of the deceased. The matter was reported to the police at 10:45 a.m. and there is no delay in reporting the matter to the police. After recording the statement of complainant, 'ruqqa' was sent to the police station whereupon the formal FIR was registered and by 1:45 p.m. it also reached the Illaqa Magistrate. The story of love affair of appellant with the sister of the complainant has no basis. In case the appellant was known to the complainant and the deceased, they could directly mention his name in the FIR. Even if it is believed that he had affairs with the sister of the complainant, it is quite possible that the parents and other family members may not be aware of the same. In any case, the appellant had no business to enter the house of the complainant in the early hours of the morning and to grapple with the deceased, complainant and the wife of the deceased.

23. Komal wife of the deceased while appearing as PW-9 has also identified the appellant. She has stated that the appellant was grappling with the deceased when they reached the spot on hearing the alarm raised by the deceased. On seeing them, the appellant lifted iron wrench and hit on her right hand. Thereafter he caused fist blows on her husband and gave him a push as a result of which he fell down and became unconscious. She has stated that appellant was known to her son Navdeep Kapoor
24. In view of the statement of the complainant as well as Komal, the identification of the appellant is duly proved. Firstly, he was named in the FIR, secondly, PW-6 Navdeep Kapoor and PW-9 Komal had a close encounter with the appellant during the occurrence. He had not only grappled with them but had also caused injuries to Komal, PW-9. She had lost her husband in the occurrence. The image of the assailant got imprinted in her mind and particularly in such facts and circumstances Komal, PW-9 would never forget the face of the assailant who intruded in her house, caused injuries to her and grappled with her husband. The identification of such an accused in the Court is a valid identification.

30. The appellant has come up with a defence version that he was having affairs with the sister of complainant, who was studying in his school and was one year junior to him. Some cards marked as 'A to D' were produced in support of the contention of the appellant. The complainant Navdeep Kapoor has denied that these cards were sent by his sister to the appellant. Out of four cards two are the birthday cards while one is friendship card and other is good wishes card. Even if it be believed that the appellant had friendship or relations with the sister of the complainant, he had no reason to intrude their house without permission and to grapple with the deceased and cause injuries to Komal. The appellant examined one Mohinder Kaur as DW-1, who has stated that the sister of complainant was in love with the appellant and both wanted to marry but parents of the girl were not agreeing to the proposal. She had disclosed this fact for the first time in the Court when she appeared as DW-1 and has never stated this fact to any one earlier, despite the fact that the police had come and contacted her during investigation of the case.