LUNDRESHWAR PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Upon filing of FIR against the accused Ludreshwar Prasad, the crime was investigated into, which culminated into submission of charge-sheet under Section 223 of IPC.

(2.) Originally there were two accused, out of which one accused Kedar Singh died and, therefore, the case stood abated against him. Accused Lundreshwar Prasad was called upon to face the trial. A charge under Section 223 of IPC was framed against him, to which he pleaded not guilty and claimed trial. PW1 Inderjeet Singh Rana, PW2 Ravi Lal Shah, PW3 Smt. Asha and PW4 Mohan Singh Rana were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused was convicted of the offence punishable under Section 223 of IPC and was directed to undergo simple imprisonment for three months, vide judgment and order dated 20.05.2006. Aggrieved against said judgment, a criminal appeal was preferred before the Sessions Judge, who dismissed the same vide impugned judgment and order dated 29.01.2008. Aggrieved against the impugned order, present criminal revision was preferred.

(3.) Prosecution led the evidence through PW1, who was working as Naib Tehsildar. The Chowkidar gave a report to him on 16.06.1997, at 11:30 A.M. The Chowkidar complained that on 15.06.1997, Kedar Singh pushed him and escaped from the custody. Kedar Singh was detained for non-payment of revenue dues against him. He could not be apprehended. Since Tehsildar was not present in the Head Quarter, therefore, the complaint (Ext. Ka-1) was given to PW1. No attempt was made by Chowkidar (Lundreshwar Prasad) to catch hold of Kedar Singh on 15.06.1997. Treasury guard and police chowki were situated at a nearby place. In other words, the accused Chowkidar permitted Kedar Singh to escape from the custody. A report against the accused was given to S.D.M., Purola and was marked as Ext. Ka-2.