STATE OF MADHYA PRADESH Vs. SURESH SINGH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 30-3-1999 passed by Judicial Magistrate First Class, Durg in Criminal Case No. 288/1998 acquitting accused/respondent No. 1 of the charge under Section 224 and accused/respondent No.2 of the charge under Section 223, IPC.

(2.) Facts of the case in brief are that on 20-7-1991 respondent No.1 Suresh Singh was an under-trial prisoner for the offences under Sections 302, 364, 201, 397 and 398, IPC and as many as 27 cases were pending against him under various sections. On 20-7-1991 respondent No. 1 escaped from the District Jail Durg, a written report Ex. P-2 was prepared by Jail Superintendent and handed over to Police Station, Durg by Jail Guard namely Bhagwan Singh (PW-2) on that day itself and on 21-7-1991 F.I.R. Ex. P-1 was registered against him under Section 224, IPC. After investigation, charge-sheet was filed against respondent No. 1 Suresh Singh, respondent No.2 Puranlal and Jailor T. B. Singh showing Puranlal and T. B. Singh as absconders. From the record, it appears that on subsequent dates Puranlal and T. B. Singh surrendered before the Court and on 23-7-1992, T. B. Singh was discharged by the Trial Court. However, the Trial Court framed charge against respondent No.1 Suresh Singh under Section 224 and against jail guard Puranlal under Section 223, IPC.

(3.) In support of its case, prosecution has examined 07 witnesses. Statements of the respondents/accused were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.