LAL CHANDRA GOLA Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred against the Judgment and order dated 14.12.2010 passed by the Additional Sessions Judge, Court no. 4, Agra in Criminal Appeal No. 119 of 2005 dismissing the appeal arising out of order dated 30.8.2005 passed by the Additional Chief Judicial Magistrate, Court No. 46, Agra in Criminal Case No. 1662 of 2005 under Sections 223, 406, 411 I.P.C. Police Station New Agra, District Agra whereby the revisionist has been convicted under Section 223 I.P.C. and sentenced six months imprisonment and fine of Rs.2,000/- with default stipulation.

(2.) Brief facts of the prosecution case are that on 16.2.2000, 109 accused from District Jail Agra were brought before the Sessions Judge in the civil court. Accused Bihari was also to be produced before the 15th A.D.J.,who was handed over to 2012 C.P. Lal Chandra Gola, Police Line, Agra and he was sent to produce the accused in the concerned court at 12.45 in the day time. As per report no. 6, when the aforesaid constable did not return along with the accused, Constable 834 Radheshyam was sent to the house of the accused and Constable 1009 Ramesh Chand was sent in the civil court premises. But, neither the accused could be traced nor Constable Lal Chandra Gola could be traced. At 18 hours Constable Radheshyam told the complainant that Constable Lal Chandra Gola had taken the accused Bihari to his house at Kamala Nagar, F Block and Bihari took the scooter of Kapil Goyal, who lived in his neighbourhood, on the pretext that he would return it after sometime. The scooter was bearing no number and it was of grey colour. It is alleged that Constable Lal Chandra Gola had knowingly permitted the accused Bihari to flee away as he was having handcuff and rope of the accused. The Investigating Officer, after lodging of the report, started investigation and prepared the site plan. Meanwhile the scooter was recovered. Later on the Investigating officer submitted charge sheet against accused Bihari and Lal Chandra Gola.

(3.) Charges were framed against the accused who pleaded not guilty and claimed trial.