SUBHASH CHAND Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.03.2004 passed by Additional Sessions Judge/2nd F.T.C., Dehradun in Sessions Trial No.160 of 2000, whereby said court has convicted the accused- appellant Subhash Chand under Section 218 and 222 of The Indian Penal Code, 1860 (for short, IPC ). He has been sentenced to one year's rigorous imprisonment u/s 218 IPC and three years' rigorous imprisonment u/s 222 IPC . Both the sentences were directed to run concurrently. However, the accused/appellant Subhash Chand was acquitted by the trial court under Section 212 and 213 of IPC.

(2.) In brief, prosecution story is that on 25.4.2000 the appellant Subhash Chand was entrusted with the duty of escorting one undertrial Nadim, accused in crime no.687/99 under Sections 302 / 201 IPC, in the court of Ist Additional District and Sessions Judge, Dehradun for hearing. While returning from the court, instead of admitting the undertrial in jail, the accused/appellant Constable Subhash Chand took the undertrial to his (Nadim) house and thereafter intentionally aided him to escape from his confinement. Accused/appellant then submitted a false report at Kotwali stating therein that while he was returning from the court, the undertrial Nadim refused to go in the lock up, whereupon some quarrel took place between them and taking advantage of the same, the undertrial fled away from the spot. On the basis of this report, case crime no.436 of 2000 was registered against the accused Nadim under Section 224 of IPC. Initially, investigation of the case was handed over to PW15 Jaswant Singh and subsequently it was taken up by PW14 Parikshit Kumar. During the course of investigation, I.O. found that no such incident, as alleged, had infact taken place. It is alleged that the appellant had aided the undertrial to escape from his confinement and had shown the negligence in discharging the duty. The Investigating Officer, thus, sought permission from S.S.P. Udham Singh Nagar to initiate criminal proceedings against the accused/appellant. By order dated 20.06.2000, S.S.P. Dehradun accorded sanction to the I.O., whereafter, the I.O. submitted charge sheet against Const. Subhash Chand in the court for his trial in respect of offences punishable under Sections 212 / 213 / 218 / 222 IPC.

(3.) Chief Judicial Magistrate, Dehradun, on receipt of charge sheet, after giving necessary copies to the accused persons as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. On 5.12.2000, the Addl. Sessions Judge, Dehradun, framed charge of offence punishable under Sections 212 , 213 , 218 and 222 of IPC against the accused/appellant Constable Subhash Chand. The charge was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.