HAMJISAB MEHAMADSAB SHAHAPUR Vs. STATE OF MYSORE

JUDGEMENT

(1.) On June 9 1962, according to the evidence of P.W. 1 a police constable who was on patrol duty, accused 1 was walking on the public road after emerging from a tea shop. P.W. 1 according to his story thought that he was drunk and was incapable of taking care of himself and so had committed an offence punishable under Section 76(1)(a) of the Mysore Prohibition Act. It was in that belief that he intercepted accused 1 and directed him to accompany him to the policy station. But on the refusal of accused 1 to do so, he caught hold of his shirt, but, in the meanwhile, accused 2 to 4 who arrived on the scene of occurrence from the direction of the tea shop, pushed P.W. 1 down and accused 2 beat him on his back.

(2.) When P.W. 1 according to his story blew his whistle, another constable and three others came to the place, and, when the other police constable made an attempt to apprehend the accused, he was also pushed away.

(3.) It was on the basis of this story that there was a prosecution of all the four accused. Accused I was charged with having committed an offence punishable under section 224 of the Penal Code by reason of the obstruction to apprehension and his subsequent escape. Accused 2 to 4 were charged with having committed an offence punishable under section 225 of the Penal Code by reason of the resistance and obstruction which they offered to the apprehension of accused 1 and to his subsequent rescue.