NAFE SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Nafe Singh and Suresh Chand, the appellants have challenged, by way of this appeal, the judgment dated 24.3.2004 passed by learned Additional Sessions Judge, Fast Track Court, Ambala vide which they have been held guilty for the offence punishable under section 223 IPC and order on sentence dated 25.3.2004 vide which Nafe Singh and Suresh Chand have been sentenced to undergo simple imprisonment for a period of 4 months and to pay a fine of Rs. 100/- each and in default of payment of fine to further undergo simple imprisonment for 15 days.

(2.) The facts of the case against the appellants and others are that on 12.11.2001, at about 7.30 PM, Karam Singh, EHC alongwith Narinder Kumar was present at Aggarsain Chowk, Ambala City where a passerby disclosed to him that two police officials were lying on the road side near Municipal Park, Ambala City. EHC Karam Singh proceeded to the spot and found two police officials lying there, one with belt No. 406 of district Jind and the other with belt No. 651, again of district Jind. They were found lying in unconscious condition. He also found their names as Nafe Singh and Suresh Kumar respectively. Further enquiry revealed that the two police officials took Surjit Singh, an undertrial from Central Jail, Ambala for being produced in District Courts, Jind. It was further revealed that Constable Ram Niwas No.4/765 was also deputed with them, but he did not report for duty. After producing Surjit Singh before the court at Jind, Suresh Kumar and Nafe Singh were returning to Central Jail, Ambala in a bus. At Kaithal Bus Stand, Surjit Singh expressed his desire to take tea. The police officials accordingly brought him outside the Bus Stand and they had tea, samosa and burfi at a tea shop and then boarded the bus for Ambala. They felt loss of consciousness in the bus and when they reached Aggarsain Chowk, Ambala, they became unconscious and Surjit Singh escaped from their custody. They claimed that Surjit Singh, the undertrial administered them some poisonous material in their tea.

(3.) The two police officials were taken to Civil Hospital, Ambala City where they were medico legally examined. They were then referred to P.G.I., Chandigarh. The investigation that followed included arrest of Surjit Singh from the area of Panipat regarding which a message was received at Police Station, City Ambala on 25.1.2002 that Surjit Singh had escaped from lawful custody of the police officials. Surjit Singh was accordingly arrested and his statement was recorded. On his statement, Sandeep, Gurmeet Singh and Naveen were arrested for having conspired with Surjit Singh in making him escape from lawful custody of the police officials.