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2020 DIGILAW 1027 (PNJ)

Parveen Alias Sonu v. State Of Haryana

2020-03-17

HARINDER SINGH SIDHU, RAJIV SHARMA

body2020
JUDGMENT Rajiv Sharma, J. - This judgment will dispose of the aforesaid appeals as the same arise out of a common incident. 2. The aforesaid appeals are instituted against the judgment dated 14.1.2010 and order dated 18.1.2010, rendered by learned Additional Sessions Judge, Rewari, in Session Case No. 32 of 2009. Appellants Amarjit Singh, Surender Singh @ Dattu, Parveen @ Sonu, Vinod @ Dhillu, Sunil @ Bachi, Ravi, Naushad and Nadeem were charged with and tried for the offence punishable under Sections 224, 225, 332, 353, 392, 307, 302, 120-B IPC and Section 25/54/59 of the Arms Act. The appellants were convicted and sentenced to undergo rigorous imprisonment for a period of one year along with fine of Rs. 250/- each under Section 224 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. They were also convicted and sentenced to undergo rigorous imprisonment for a period of two years along with fine of Rs. 500/- each under Section 225 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. They were further convicted and sentenced to undergo rigorous imprisonment for a period of two years along with fine of Rs. 500/- each under Section 332 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. They were also convicted and sentenced to undergo rigorous imprisonment for a period of two years along with fine of Rs. 500/- each under Section 353 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. They were also convicted and sentenced to undergo life imprisonment along with fine of Rs. 5,000/- each under Section 302 read with Section 120-B IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. Appellants Amarjit Singh and Surender Singh @ Dhattu were further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with fine of Rs. 250/- each under Section 25 of the Arms Act and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. All the substantive sentences were ordered to run concurrently. 3. One of the appellants, namely, Surender Singh @ Dhattu has died. 250/- each under Section 25 of the Arms Act and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. All the substantive sentences were ordered to run concurrently. 3. One of the appellants, namely, Surender Singh @ Dhattu has died. The appeal qua him stands abated vide order dated 6.3.2020. 4. The case of the prosecution in a nutshell is that on 14.3.2009, a telephonic message was received by the SI/ SHO, Police Station, GRP Rewari that in Train No. 2RF at Railway Station, Nangal Pathani, some assailants have attacked the officials of Rajasthan Police, who were taking the accused for producing them in District Courts, Bhiwani. SI/SHO along with other police officials reached the Railway Station, Kosli, where complainant Inder Raj along with other police officials met him. Statement of Inder Raj vide Ex.PA/1 was recorded. According to the complaint, Ex.PA/1, accused Naushad, Ravi, Sunil @ Bachi and Nadeem, who were confined in Central Jail, Jaipur, in case FIR No. 312 of 2008 under Sections, 147, 148, 149, 395, 342 IPC, Police Station, Bagru (Jaipur) were to be produced before learned Chief Judicial Magistrate, Bhiwani, on 14.3.2009 in case FIR No. 148 of 2008 under Sections 365, 395, 302, 397, 209 IPC and 25 of the Arms Act. They took custody of the aforesaid accused on 13.3.2009 at about 7.00 P.M. and boarded the Train Mandor Express from Railway Station, Jaipur and got down at the Railway Station, Rewari, on 14.3.2009 at about 4.30 A.M. They boarded the Train No. 2RF for Bhiwani. All the accused were in the custody of Zile Singh, Rajesh, Suresh and Ram Chander. Head Constable Arjun Singh and Constable Ashok were escorting them. When the train reached at Railway Station, Nangal Pathani, four young boys aged between 20-25 years, out of them one was having a country made pistol, entered in their compartment. One of them was carrying a polythene bag. He threw chilly powder in their eyes and attempted to snatch the official carbine. All the four accused, who were in their custody, also attempted to flee from their custody. One of the accused armed with country made pistol fired upon Head Constable Arjun Singh, which hit him on his right side rib. They overpowered one person, who had thrown chilly powder in their eyes. The remaining three accused succeeded in fleeing. All the four accused, who were in their custody, also attempted to flee from their custody. One of the accused armed with country made pistol fired upon Head Constable Arjun Singh, which hit him on his right side rib. They overpowered one person, who had thrown chilly powder in their eyes. The remaining three accused succeeded in fleeing. The apprehended accused disclosed his name and identity of other assailants. Head Constable Arjun Singh was removed to hospital. The accused took away his magazine. FIR was registered. The recoveries were effected. Investigation was completed and challan was put up after completion of all the codal formalities. 5. The prosecution examined as many as 23 witnesses in support of its case. The statements of the accused were also recorded under Section 313 Cr.P.C. According to them, they were innocent and have been falsely implicated in the case. They were convicted and sentenced, as noticed above. Hence, the present appeals. 6. Learned counsel appearing on behalf of the appellants vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State vehemently argued that the prosecution has proved its case beyond reasonable doubt and supported the judgment and order of the learned trial Court. 7. We have heard learned counsel for the parties and gone through the judgment and record very carefully. 8. PW4 Dr. Anju Yadav has led her evidence by filing affidavit, Ex.PJ. She proved the original MLRs of injured Inder Raj, Satbir, Rajesh, Suresh and Zile Singh, vide Ex.PK, Ex.PL, Ex.PM, Ex.PN and Ex.PO, respectively. According to affidavit, Ex.PJ, Inder Raj suffered the following injuries:- 'i) Abrasion 2 x 1cm triangular in shape vertically on right elbow. ii) Complains of irritation and watering from both eyes. Both 1 and 2 injuries are simple caused by blunt weapon probable duration within 24 hours.' According to affidavit, Ex.PJ, Satbir suffered the following injuries:- 'i) Swelling of size 6 x 6 cms, oval, located on left leg lower portion. Pain and tenderness present. No fresh bleeding. No Bonny injuries, Advise X-ray. ii) Pin Point abrasion on right middle finger. No fresh bleeding.' As per affidavit, Ex.PJ, Rajesh suffered the following injuries:- 'i) Abrasion 16 x 0.5 cm on dorsal aspect of right forearm. Abrasion is along length of fore-arm, Reddish. No Fresh bleeding. Pain and tenderness present. No fresh bleeding. No Bonny injuries, Advise X-ray. ii) Pin Point abrasion on right middle finger. No fresh bleeding.' As per affidavit, Ex.PJ, Rajesh suffered the following injuries:- 'i) Abrasion 16 x 0.5 cm on dorsal aspect of right forearm. Abrasion is along length of fore-arm, Reddish. No Fresh bleeding. ii) Slight irritation of both eyes.' According to affidavit, Ex.PJ, Suresh suffered the following injuries:- 'i) Pain & irritation of both eyes with slight congestion. ii) Slight swelling of right foot. No fresh bleeding. Pain and tenderness present. Advise X-rays. iii) Slight swelling and tenderness on left elbow.' Injured Zile Singh suffered the following injuries as per affidavit, Ex.PJ. 'i) Abrasion 3 x 2 cms oval and vertical in direction on right fore-arm. ii) Swelling on left hand dorsally. No fresh bleeding. Pain and tenderness. Advise X-rays.' 9. PW7 Dr. Maha Singh Lochab has tendered his affidavit, Ex.PA/A, in evidence. He examined Vinod Kumar. He noticed the following injuries on the person of Vinod Kumar:- '(a) An abrasion reddish in colour on left iliac fossa of size 7 Cm. X 2 Cm. (b) An abrasion on left back placed horizontally of size 5 Cm. X 3 Cm. postiero laterally below ribs. (c) An abrasion on left sub-scapular region 6 X 3 Cm. reddish in colour. (d) Two parallel abrasions on left scapular region horizontally placed of size 5 Cm. X 4 Cm. (e) Three parallel abrasions on right subscapular region placed horizontally reddish in colour. (f) An abrasions on left deltoid region irregularly placed making criss cross pattern, reddish in colour. (g) An abrasion on left arm laterally middle 5 Cm. X 2 Cm. (h) Two parallel abrasions reddish in colour on right deltoid region, middle of the arm laterally and lower third of arm size 5 Cm. X 3 Cm. advise X-Ray right shoulder. (i) A swelling present on left thigh laterally above knee joint of 10 Cm. X 4 Cm., reddish in colour, tender to touch advise X-Ray left thigh (AP, lat). (j) A contusion on left calf laterally of size 5 Cm. X 3 Cm, with swelling, reddish in colour. (k) A swelling of left leg posteriorly of size 8 Cm. X 4 Cm.' In his cross-examination, he denied the suggestion that the accused were never produced before him by the police. 10. PW1 Dr. (j) A contusion on left calf laterally of size 5 Cm. X 3 Cm, with swelling, reddish in colour. (k) A swelling of left leg posteriorly of size 8 Cm. X 4 Cm.' In his cross-examination, he denied the suggestion that the accused were never produced before him by the police. 10. PW1 Dr. J. S. Mehra led his evidence by filing his affidavit, Ex.PA. He had radiologically examined Vinod, Nosad, and Sunil. The original report in respect of Vinod is Ex.PA, Ex.PB with regard to Nosad and Ex.PC is of Sunil. 11. PW3 Dr. J.K. Saini has led his evidence by filing affidavit, Ex.PF. He medico-legally examined Arjun Singh Meena on 14.3.2009. He noticed the following injuries on his person:- 'A. A lacerated wound of size 1cm x 1cm present on right side of chest on lateral aspect near post axillary line. Bleeding present margins of wound is inverted blacking present all around the wound and is firearm which is entry wound X-ray advise and surgeon opinion. B. Tenderness present on lower part of abdomen X-ray advise. C. Tenderness was present on whole of chest X-ray advise.' 12. PW21 Dr. Bharat Verma deposed that on 23.4.2009 he was posted as Senior Resident AIIMS, Trauma Centre, New Delhi. A written request was received for post-mortem examination of the dead-body of Arjun Singh. He conducted the post-mortem examination of the dead-body of Arjun Singh. He prepared the post-mortem report, Ex.PA/3. According to his affidavit, Ex.PA/2, the cause of death was shock as a result of septicemia due to fire injury. All injuries were ante mortem in nature. In his cross-examination, he admitted that septicemia was the cause of death. It could be possible in medical disease. But in this case, it was a clear cut case of assault as the surgery was done. In medical diseases, the surgery is generally not done. 13. PW2 Bijender Singh has proved the sanctioned order dated 10.6.2009, Ex.PE. 14. PW6 SI Sant Lal deposed that on 14.3.2009 he was posted as ASI at Police Station, GRP Rewari. At about 7.00 A.M., an intimation was received about the occurrence. He along with other police officials visited the spot. He met the police officials of Rajasthan Police. Statement of Constable Inder Raj was recorded. FIR, Ex.PP, was recorded by HC Virender Pal. SI Randhir Singh inspected the place of occurrence. At about 7.00 A.M., an intimation was received about the occurrence. He along with other police officials visited the spot. He met the police officials of Rajasthan Police. Statement of Constable Inder Raj was recorded. FIR, Ex.PP, was recorded by HC Virender Pal. SI Randhir Singh inspected the place of occurrence. Chilly powder was lifted from the railway compartment. The disclosure statement was made by accused Vinod vide Ex.PS. The disclosure statement of other accused Sunil @ Bachhi was recorded vide Ex.PT. In pursuance to disclosure statement of accused Vinod, one Bulero car was recovered from the area of Village Murlipur. It was taken into possession. Accused Parveen was arrested. He made disclosure statement, Ex.PV. Accused Amarjit Singh and Surender Singh were arrested. Accused Amarjit Singh made disclosure statement, Ex.PW. Accused Surender Singh also made disclosure statement, Ex.PX. Pistol was taken into custody vide seizure memo, Ex.PY. He deposited the same with MHC of Police Station Bhawani Khera. In his cross-examination, he deposed that several number of persons had assembled at the place of occurrence but none of them was ready to join or associate with the investigation. 15. PW8 HC Makhan Singh deposed that on 20.5.2009 he was posted as MHC at Police Station Bhawani Khera. SI Sant Lal had produced before him the order of the learned JMIC, Bhiwani, with the direction to him to handover the country made pistol in case FIR No. 34 dated 3.3.2009 under Section 392, 216, 34 IPC, Police Station, Bhiwani Khera. He handed over the same to SI Sant Lal. He took into possession the same vide recovery memo, Ex.PZ. 16. PW9 ASI Sham Sunder deposed that he accompanied SI Dhan Singh and visited the Trauma Centre of All India Medical Institute, New Delhi. HC Arjun Singh, injured, was admitted in ICU of AIIMS. Constable Ram Chander had produced the official dress of HC Arjun Singh. On the right side of the shirt, blood stains were present and there was a bullet cut mark. The shirt, the trouser of the official dress and the under shirt were converted into the sealed parcel and were taken into possession. 17. PW10 EASI Suresh Kumar had handed over three sealed parcels in the office of FSL, Madhuban. 18. PW13 SI Ikpal Singh prepared the inquest report, Ex.PA/G of the deceased HC Arjun Singh. 19. The shirt, the trouser of the official dress and the under shirt were converted into the sealed parcel and were taken into possession. 17. PW10 EASI Suresh Kumar had handed over three sealed parcels in the office of FSL, Madhuban. 18. PW13 SI Ikpal Singh prepared the inquest report, Ex.PA/G of the deceased HC Arjun Singh. 19. PW14 Constable Kishan Ram had identified the bullet, which was extracted out of the body of HC Arjun Singh. It was handed over to him by Dr. Vipla Misra, Trauma Centre, New Delhi. 20. PW15 Shiri Dhar Sharma, Jailor, Central Jail, Jaipur, deposed that on the basis of the demarcation conducted by accused Sunil @ Bachhu, two cell phones and two damaged chargers, which were wrapped in a polythene bag, were taken out by removing the soil. These were taken into policy custody vide recovery memo, Ex.PA/L. Accused Sunil @ Bachhu also got recovered a damaged sim card. 21. PW16 ASI Ajit Singh deposed that accused Sunil @ Bachhu made a disclosure statement, Ex.PA/E. Accused Parveen @ Sonu also got recovered the papers of the Bolero vehicle on 28.3.2009. Accused Amarjit @ Danna got recovered a magazine of.9 mm of carbine from Village Hadota on 15.5.2009. 22. PW17 SI Dhan Singh deposed that on 15.3.2009 he went to Trauma Centre, AIIMS, New Delhi. HC Arjun Singh was admitted there. He moved an application, Ex.PA/Q, seeking permission to record the statement of injured Arjun Singh. The doctor had made his endorsement over Ex.PA/Q and declared the injured unfit to make the statement. On 18.3.2009, he submitted again application, seeking opinion whether the patient HC Arjun Singh was fit to make the statement. The doctor opined that the patient HC Arjun Singh was unfit for making statement. The application was repeated on 21.3.2009, 24.3.2009 and 28.3.2009 but he was declared unfit for making statement by the doctor concerned. One sealed parcel containing the bullet was handed over to him by Constable Kishan Singh of Delhi Police. He again submitted application, Ex.PA/R, to the Medical Officer to give opinion as to whether the patient HC Arjun Singh was fit to make the statement or not. The Medical Officer opined that the patient was fit to make the statement. The statement of HC Arjun Singh was recorded on 27.4.2009. 23. He again submitted application, Ex.PA/R, to the Medical Officer to give opinion as to whether the patient HC Arjun Singh was fit to make the statement or not. The Medical Officer opined that the patient was fit to make the statement. The statement of HC Arjun Singh was recorded on 27.4.2009. 23. PW18 SI Partap Singh deposed that on 11.5.2009 he along with other police officials arrested accused Amarjit @ Dana and Surender @ Dattu. Accused Amarjit @ Dana made disclosure statement, Ex.PA/U. Accused Surender @ Dattu also made disclosure statement, Ex.PA/V. On the basis of disclosure statement made by accused Amarjit @ Dana, a country made pistol was recovered. He also identified the country made pistol recovered from accused Amarjit @ Dana. The country made pistol is Ex. MO23. Rough sketch of the country made pistol, Ex.PA/W, was prepared. Rough site plan showing the recovery of country made pistol was prepared. However, no recovery was effected on the basis of disclosure statement made by accused Surender. 24. PW19 HC Arvind Kumar deposed that on 11.5.2009 he along with other police officials was present at Bus-Stand, Dhanana. Accused Amarjit @ Dana was apprehended along with Surender @ Dattu. They were interrogated. Accused Amarjit suffered disclosure statement, Ex.PA/U. Accused Surender suffered disclosure statement, Ex.PA/V. Country made pistol, Ex.MO23, was recovered in pursuance to the disclosure statement of accused Amarjit. 25. PW20 Constable Inder Raj is the eye-witness. According to him, on 13.3.2009, he was posted in Police Line, Jaipur City. He along with HC Arjun Singh, Constable Zile Singh, Constable Satbir, Constable Ashok, Constable Rajesh, Constable Ram Chander and one other police official were deputed from Police Line, Jaipur to produce the accused Nadeem, Nausad, Ravi and Sunil in the Court of CJM, Bhiwani. All the accused were lodged in Central Jail, Jaipur in a criminal case. They left Central Jail at 7.00 P.M. on 13.3.2009. They went to the Railway Station, Jaipur. They boarded Mandore Express. They reached Railway Station, Rewari at 4.30 A.M. They again boarded Train 2RF to Bhiwani. At about 5.30 A.M., when the train reached at the Railway Station, Nangal Pathani, four young boys aged about 20-25 years entered their compartment. They were carrying a polythene bag. One of them was armed with a country made pistol. One of them threw chilly powder in their eyes. They all were attacked. At about 5.30 A.M., when the train reached at the Railway Station, Nangal Pathani, four young boys aged about 20-25 years entered their compartment. They were carrying a polythene bag. One of them was armed with a country made pistol. One of them threw chilly powder in their eyes. They all were attacked. All the four accused, who were in their custody and were to be produced in the Court of CJM, Bhiwani, also tried to escape. 2-3 persons tried to snatch his official carbine. The magazine of carbine fell down. Accused Vinod was apprehended from the spot. One of the accused fired from a country made pistol upon HC Arjun Singh. They pulled the chain of the train. The train was stopped. Out of four accused, three managed to escape. The police was informed of the incident. The police reached the spot. HC Arjun Singh along with other police officials was taken to hospital. The bullet hit on the left side of the ribs of HC Arjun Singh. He identified accused Vinod, who had thrown the chilly powder in their eyes and accused Amarjit, who had fired a shot upon Arjun Singh. In his cross-examination, he deposed that there were as many as 50-60 passengers in the compartment. He had seen all the four boys who entered in the compartment. No passenger had tried to resist or to apprehend the accused. The incident lasted for about 10 to 15 minutes. 26. PW22 Constable Satbir has corroborated the statement of PW20 Constable Inder Raj. He also deposed that the accused entered their compartment. Accused Vinod threw chilly powder on them. One of the accused fired at HC Arjun Singh. He disclosed the name of accused Amarjit Singh, who had fired at HC Arjun Singh. Accused tried to run away with the help of other assailants. Accused Vinod was apprehended. The magazine of Constable Inder Raj was snatched. In his cross-examination, he deposed that the chilly powder was not thrown in the eyes of the accused but it was thrown only towards them. Accused Amarjit was carrying the country made pistol. 27. PW23 Sub-Inspector Randhir Singh deposed that on 14.3.2009 he recorded the statement of Constable Inder Raj vide Ex.PA/1. He made his endorsement. He inspected the coach of the Train 2RF. He lifted the chilly powder from the coach. Accused Sunil made disclosure statement, Ex.PT. Accused Amarjit was carrying the country made pistol. 27. PW23 Sub-Inspector Randhir Singh deposed that on 14.3.2009 he recorded the statement of Constable Inder Raj vide Ex.PA/1. He made his endorsement. He inspected the coach of the Train 2RF. He lifted the chilly powder from the coach. Accused Sunil made disclosure statement, Ex.PT. Accused Vinod got recovered Bolero vehicle. Accused Sunil got recovered two cell phones with two chargers from Central Jail, Jaipur. One mobile sim was also got recovered by accused Sunil on the basis of disclosure statement made by him. Accused Parveen made disclosure statement on 27.3.2009 which led to the recovery of papers of Bolero vehicle. Accused Amarjit made disclosure statement, Ex.PW. Accused Amarjit got recovered a magazine of carbine from the boundary of a Gaushala. Accused Surender got recovered 9 live cartridges of 0.9 mm. An empty cartridge of.315 bore was also got recovered by accused Surender. In his cross-examination, he deposed that they had gone to Jaipur by a government vehicle. 28. The case of the prosecution, in a nutshell, is that the police party was escorting four accused, namely, Nadeem, Nausad, Ravi and Sunil, from Central Jail, Jaipur. They were to be produced in the Court of CJM, Bhiwani. They reached Railway Station, Rewari in the morning at 4.30. They again boarded the train for Bhiwani. When the train reached at the Railway Station, Nangal Pathani, four young boys entered their compartment and attacked the police party in order to rescue the accused, who were in their 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 carbine. One of the accused fired upon HC Arjun Singh. He was taken to hospital, where he succumbed to his injuries. The accused also ran away with the magazine. 29. Five members of the police party, who were escorting the accused, were medico-legally examined. Their medical reports are on record, vide Ex.PK, Ex.PL, Ex.PM, Ex.PN and Ex.PO. Post-mortem examination on the body of HC Arjun Singh was conducted by PW21 Dr. Bharat Verma. According to him, the cause of death was shock as a result of septicemia due to fire injury. All injuries were ante mortem in nature. In his cross-examination, he admitted that septicemia was the cause of death. It could be possible in medical disease. Post-mortem examination on the body of HC Arjun Singh was conducted by PW21 Dr. Bharat Verma. According to him, the cause of death was shock as a result of septicemia due to fire injury. All injuries were ante mortem in nature. In his cross-examination, he admitted that septicemia was the cause of death. It could be possible in medical disease. He further opined that in the present case, it was a clear cut case of assault as the surgery was done and in the medical diseases, the surgery is generally not done. 30. FSL Report is Ex.PA/1. The.315' cartridge case marked C/1 has been fired from country made pistol marked W/1 and not from any other firearm even of same make and bore/ caliber. No definite opinion could be formed regarding linkage of country made bullet marked BC/1 (for chambering of.315' caliber firearms) in respect of country made pistol marked W/1 due to lack of sufficient comparable individual characteristic marks. The hole of shirt and banian contained in parcel no.II has been caused by bullet projectile. 31. As per FSL Report dated 21.7.2009, exhibit- 5 (Guaze piece) was stained with blood stains. According to FSL Report dated 25.5.2009, Exhibit -2a (Banian), exhibit-2b (shirt) as well as exhibit-2c (pants) were stained with blood stains. 32. The accused have been seen by PW20 Constable Inder Raj. According to him, when the train reached at the Railway Station, Nangal Pathani, four young boys entered their compartment. One of them, who was armed with a country made pistol, fired upon HC Arjun Singh. One of them threw chilly powder. All the four accused, who were in their custody and were to be produced in the Court of CJM, Bhiwani, also tried to escape, when the police party was attacked. PW20 Constable Inder Raj also lodged the report on the basis of which FIR was registered. 33. PW22 Constable Satbir has also corroborated the statement of PW20 Constable Inder Raj and the manner in which the accused attacked on the police party. He also disclosed the name of accused Vinod, who threw chilly powder on them. He also disclosed the name of accused Amarjit Singh, who had fired at HC Arjun Singh. 34. The accused have also made disclosure statements on the basis of which Bolero vehicle, magazine, country made pistol and papers of Bolero vehicle were got recovered. 35. He also disclosed the name of accused Vinod, who threw chilly powder on them. He also disclosed the name of accused Amarjit Singh, who had fired at HC Arjun Singh. 34. The accused have also made disclosure statements on the basis of which Bolero vehicle, magazine, country made pistol and papers of Bolero vehicle were got recovered. 35. In the FSL Report, Ex.PA/1, it was opined that no definite opinion could be formed regarding linkage of country made bullet, marked BC/1 (for chambering of.315' caliber firearms) in respect of country made pistol marked W/1 due to lack of sufficient comparable individual characteristic marks. The pistol recovered was a country made pistol. There is no standard prescribed characteristic of country made pistol. 36. However, the fact of the matter is that the recovery is effected at the instance of accused Amarjit Singh. He was seen firing at HC Arjun Singh by PW20 Constable Inder Raj and PW22 Constable Satbir. There is no occasion for them to falsely implicate him. The bullet was also recovered from the body of deceased HC Arjun Singh. The same was identified by PW14 Constable Kishan Ram in the Court. The country made pistol was also identified by the witness. 37. The accused had hatched conspiracy, which attracted Section 120-B of the Indian Penal Code, which led to the attack on the police party in order to free the accused, who were being escorted by the police to be produced in the Court of CJM, Bhiwani, in a criminal case. One of the accused, namely Vinod was apprehended by the police party. One of the accused, namely Amarjit Singh had fired at HC Arjun Singh. He succumbed to his injuries, as noticed hereinabove. There is no contradiction in the statements of PW22 Constable Satbir and PW20 Constable Inder Raj. 38. HC Arjun Singh has died on 23.4.2009. It has come on record that the accused, who attacked the escorting party, were in constant touch with the accused, who were to be produced in the Court of CJM, Bhiwani. 39. Two cell phones and two damaged chargers were recovered at the instance of accused Sunil @ Bachhu. He also even got recovered a broken/ damaged sim card. 40. The prosecution has proved the case against the accused beyond reasonable doubt. 39. Two cell phones and two damaged chargers were recovered at the instance of accused Sunil @ Bachhu. He also even got recovered a broken/ damaged sim card. 40. The prosecution has proved the case against the accused beyond reasonable doubt. Accordingly, there is no occasion for us to interfere with the well reasoned judgment and order of the learned trial Court. There is no merit in the appeals. The same are dismissed.