BABU NANDAN AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS is an appli(Sic)n in revision directed against (Sic) order dated 8 -11 -1963 passed (Sic)he learned Sessions Judge of (Sic)npur at Varanasi, dismissing an appeal filed by the present applicants against their convincing and sentence under Sections 224 and 225 of the IPC.

(2.) THE prosecution case, briefly stated, was that on 1 -6 -1962, a warrant of arrest, proclamation and a warrant of attachment of property issued under Sections 87 and 88 of the Code of Criminal Procedure by the Judicial Officer Patti at Pratapgarh were received at the police station Bhadohi with regard to Babu Nandan, applicant. On 2 -6 -1962 Sri Ram Bahadur Tewari, S.O., P.S. Bhadohi accompanied by certain constables went to village Lalika -Pura where Babu Nandan lived and tried to effect the arrest of Babu Nandan. However the latter protested and a scuffle followed. Ram Siromani, applicant, also joined Babu Nandan with the result that Bahuf Nandan escaped from police custody. Babu Nandan was prosecuted under Section 224 of the IPC while Ram Siromani and one Surajman, since dead, were prosecuted under Section 225 of the IPC. The Magistrate believed the prosecution story and convicted and sentenced both the applicants and sentenced each of them to 6 months rigorous imprisonment. The appeal preferred by them was dismissed.

(3.) SECTION 83 of the Code of Criminal Procedure provides as follows: