SANJEEV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 18/12/2013 passed by learned Additional Sessions Judge, Ambala whereby the appellants have been sentenced to undergo rigorous imprisonment for a period of two years with a fine of Rs.2000.00each for the commission of offence punishable under Sec. 224 read with Sec. 120-B IPC. FACTUAL BACKGROUND

(2.) Factual matrix of the prosecution case is that on 24/10/2008, on receipt of an information with regard to digging of a tunnel, Inspector Suraj Bhan along with other police officials reached Central Jail, Ambala and Sher Singh, the then Deputy Superintendent, Central Jail, Ambala moved a letter dtd. 24/10/2008 stating therein that death convicts namely Sanjeev Kumar, Anand Kindo, Rajan Gaur and Masood Akhtar Haidar @ Ramu were lodged in 32 Cell Ward of Central Jail, Ambala. On 18/10/2008, a surprise checking was conducted of the said Cell Ward during which a 2-21/2 feet deep pit was found in the corner of the Cell near the wall. On interrogation, it was found that the aforesaid convicts, in connivance with each other, had planned to escape from jail by digging a tunnel. On this complaint, offence punishable under Sec. 224 read with Sec. 34 IPC was found to have been committed. The matter was investigated and during investigation involvement of other accused namely Sonia, Poonam, Raj Kumar @ Prince, Rishi Raj and Rajeev Kumar was also found as they provided a SIM card and a mobile phone on forged ID to facilitate their plan to run away from the jail by digging tunnel. The aforesaid accused persons were arrested and after completion of investigations, challan against the accused for commission of offence punishable under Ss. 224/419/420/467/468/ 471/222/34/120-B IPC was presented in the Court.

(3.) After complying with the provisions of Sec. 207 Cr.P.C., charge under Sec. 224 read with Ss. 34/120-B IPC was framed against all the accused, charge under Ss. 225 read with Ss. 34/120-B IPC was also framed against accused Raj Kumar @ Prince, Rishi Raj @ Rishi, Rajeev Kumar and Poonam, charge under Sec. 222 IPC was framed against accused Poonam, charge under Sec. 419 IPC was framed against accused Raj Kumar @ Prince, charge under Ss. 420/467/468/471 IPC read with Sec. 34/120-B IPC was framed against accused Raj Kumar @ Prince, Rishi Raj @ Rishu and Rajeev Kumar vide order dtd. 10/7/2009, to which they all pleaded not guilty and claimed trial.