SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence as ordered by the trial Court vide judgment/ order dated 22.1.2008/ 23.1.2008 under Sections 148, 186, 225, 302, 307, 332, 353, 392 and 427 read with 149 of the Indian Penal Code, 1860 (IPC for short).

(2.) Prosecution case was set in motion on the basis of statement of complainant Assistant Sub Inspector Tara Chand before Sub Inspector Vijender Singh on 27.7.2004. The complainant stated in his statement before the police that on 27.7.2004 at about 9 a.m., he was travelling in Government vehicle bearing No.HR-61/1330 along with other police officials took undert-rials Ram Dhan @ Leela, Rajbir, Ajay @ Gullu and Balbir from Rohtak jail for producing them in the judicial courts at Bhiwani. He was armed with an official revolver of 455 bore, EHC Dharambir was armed with 303 bore rifle, Constable Daya Nand was armed with self loading rifle. While they were returning back to Rohtak after producing the under-trials in judicial Courts at Bhiwani and had reached near a hotel under construction situated near Lahli canal at about 12.30 pm a white Tata Sumo came from the opposite direction and struck against their vehicle. Due to this reason, their (complainant party) vehicle lost its balance. 4-5 young men alighted from the Sumo and started firing at them. In the meantime, another red car came from Rohtak side and 3-4 persons alighted from the said vehicle. They also started firing towards them. In the said firing, Constable Daya Nand, driver Ved Parkash, Constable Jai Parkash and under-trial Rajbir suffered fire arm injuries. Their official vehicle was damaged. In retaliation, he along with constable Daya Nand, EHC Dharambir also fired from their weapons. Despite this, three persons entered in their official van and took Ram Dhan @ Leela with them. They tried their best to over power them but they snatched his official revolver and fled away towards Rohtak side taking Ram Dhan @ Leela with them in red car.

(3.) In this process, they had also snatched a loaded revolver from the assailants. The injured were removed to PGIMS, Rohtak for treatment.