JAGBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal by Jagbir one of the accused, is to the judgment and order dated 22.4.2003 passed by Ms. Ritu Tagore, Additional Sessions Judge, Fast Track Court, Ambala, vide which the accused appellant Jagbir has been convicted under Section 224 IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.200/- and in default of payment of fine to further undergo 7 days imprisonment.

(2.) Briefly stated, on 13.10.1997, the appellant alongwith other co-accused was returning to Central Jail, Ambala after producing the under trial before the Court. On that date at about 7.15 P.M. the under trials which were 44 in number, suddenly shouted 'Maro Maro' and they put chilly powder in the eyes of police officials and 7 of them including the appellant ran away from the place of occurrence. FIR in question was registered against the appellant and others. Appellant alongwith other accused was arrested and after completion of the investigation challan was presented against the accused.

(3.) Charge was framed against the accused under Sections 328, 224 IPC to which they pleaded not guilty and claimed trial. The prosecution, in order to bring home guilt of the accused examined PW-1 ASI Sham Lal, PW-2 ASI Baljit Singh, PW-3 SI Hawa Singh, PW-4 Sukhdev Singh, Warden Central Jail, Ambala, PW-5 Dr. Awan Chaudhary, PW-6 HC Amir Singh, PW-7 SI Darshan Pal Singh, PW-8 HC Devender Singh, PW-9 HC Raj Singh, PW-10 HC Bhim Sain, PW-11 Jai Singh, Inspector, PW-12ASI Kulbhushan and closed the prosecution evidence.