GUNA NAND Vs. STATE

JUDGEMENT

(1.) Appellant Guna Nand who was Constable No. 12894 of 'F' Coy., Sp. Police Force, IX Bn., UP, PAC, Moradabad has been convicted under Sec. 6(e) of the U.P. Pradeshik Armed Constabulary Act (U.P. Act XL of 1948) (hereinafter referred to as the Act) for a period of four years. The prosecution case is that the appellant had gone on leave before April, 1966. He overstayed the leave and when he came back he pretended madness. Consequently, he was put in the hospital under guard, evidently, for observation. On April 11, 1966 the appellant absconded from the hospital and became untraced. When the appellant did not return a FIR was lodged on June 1, 1966 at PS Kotwali, Moradabad. The investigation of the case was taken up by S. I. Ved Prakash. (P.W. 5) who arrested the appellant at Kotduar on June 12, 1966. After completing the investigation the S. I. submitted a charge-sheet against the appellant who, in due course, was committed for trial in the court of sessions.

(2.) The defence taken up by the appellant as recorded in his statement under Sec. 342 Crimial P.C. by the Addl. Sessions Judge, Moradabad will appear from the following question put to him by the Sessions Judge and the answer which he gave thereto:

(3.) The fact that the appellant was recruited as constable has been proved by Sri B. S. Rawat (P.W. 1) of the 35th U.P. S.S.P. Bn., and this is not denied by the appellant. There is also no denial of the fact that the appellant had gone on leave. He overstayed the leave granted to him and when he came back he feigned madness; consequently, he was put in the hospital under guard. It is also in evidence that he absconded from the hospital on April 11, 1966 and, as already stated, the appellant does not deny this fact.