JAGDISH CHAND LATHA Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. This criminal revision is directed against the order dated 16-6-1988 passed by the IIIrd Additional Sessions Judge/special Judge (D. A. A.), Farrukhabad, holding that the commission of the offence punishable under Sections 394/397 IPC is prima facie made out and the accused be summoned.

(2.) ALL the three revisionists were posted as Deputy Jailors in District Jail, Fatehgarh. It is alleged that on11-4-1988 at about 6. 30 p. m. all the three Deputy Jailors caused bodily injuries and looted the belongings of the convict, Ishrat Meer Khan. The incident was witnessed by the other convicts, Mangal Khan and Kailash Nath Dubey. The injuries sustained by the convict, Ishrat Meer Khan were examined by Dr. A. K. Bhardwaj who was then posted as Medical Officer Incharge of District Jail, Fatehgarh. An application to the Superintendent Jail was filed by the victim on 12-4-1988. When no action was taken against the erring officers, the convict filed a complaint before the Special Judge (D. A. A.) under Sections 394/397 IPC against the above Deputy Jailors.

(3.) ON perusal of the impugned order, it is evident that the Court below recorded the statement of the two witnesses, Mangal Khan and Kailash Nath Dubey under Section 202 Cr. P. C. They have supported the allegations made in the complaint that the revisionists/accused assaulted the complainant, Ishrat Meer Khan on 11-4-1988 at 6. 30 p. m. The complainant also examined Dr. Bhardwaj who examined his injuries. The Jail Superintendent, Sri S. K. Singh was also examined as witness under Section 202 Cr. P. C. Thus, prima facie the incident stood proved.