PARVEEN @ SONU Vs. STATE OF HARYANA

JUDGEMENT

(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 chilly 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 IPC and Section 25/54/59 of the Arms Act.