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Criminal Appeal No. 1571 of 2021, (Arising out of S.L.P. (Crl.) No. 5438 of 2020)

Decided On: 07.12.2021

Appellants: Parveen
Respondent: The State of Haryana

Hon'ble Judges/Coram:
R. Subhash Reddy and Hrishikesh Roy


R. Subhash Reddy, J.

1. Leave granted.

2. This Appeal is directed against the judgment dated 17th March, 2020 passed in CRA-D No. 232 of 2010 by the High Court of Punjab and Haryana at Chandigarh, whereby, the High Court has dismissed the Appeal filed by the Appellant/Accused and upheld the conviction and order of sentence passed by the Additional Sessions Judge, Rewari.

3. Briefly stated, the facts of the case, as called out from the case of the prosecution, are as under.

On 14.03.2009, the police party was escorting four Accused namely Nadeem, Naushad, Ravi & Sunil from the Central Jail, Jaipur and they were to be produced in the Court of CJM, Bhiwani. They reached Railway Station Rewari, in the morning at 04:30 hrs. They then boarded the train for Bhiwani. When the train reached at Railway Station Nangal Pathani, four young boys entered their compartment and attacked the police party in order to rescue the Accused, who were in police custody and were to be produced in the Court of CJM, Bhiwani. The Accused, who were in custody, also tried to escape. They even tried to snatch the official carbine. It is alleged that one of the Accused fired upon Head Constable Arjun Singh. In the complaint, it was stated that the police overpowered one person, who had thrown chilli powder in their eyes and the remaining three Accused succeeded in fleeing. The apprehended Accused disclosed his name and identity of other assailants. Injured Head Constable Arjun Singh was shifted to hospital, who succumbed to fire arm injuries subsequently. After completing investigation, all the Accused were prosecuted for the offences punishable Under Sections 224, 225, 332, 353, 392, 307, 302, 120-B of the Indian Penal Code and Section 25/54/59 of the Arms Act.

4. To prove the guilt of the Accused, prosecution examined as many as 23 witnesses in support of its case. The statements of the Accused were also recorded Under Section 313 of the Code of Criminal Procedure. As they have pleaded that they were innocent and they have been falsely implicated, they were tried for the aforesaid offences in the Court of Additional Sessions Judge, Rewari, in Sessions Case No. 32 of 2009. The learned Additional Sessions Judge by judgment dated 14.01.2010, held all the Accused guilty for commission of offences punishable Under Sections 224, 225, 332, 353, 302 r/w Section