BANSHIDHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The revision is against the order passed by the learned Sessions Judge, Sundargarh confirming the order of conviction and sentence of the petitioner under S.223 of the Penal Code ('I.P.C.' for short).

(2.) The prosecution case in a nutshell is that the petitioner while serving as Police Constable No. 462 was entrusted with the duty of escorting accused Kamal Nandi for production in the court of the Judicial Magistrate, Panposh at Uditnagar on 28-1-1980. Accordingly he received the said accused from the court Hazat and was due to return after court-hours. At about 5 P.M. it was noticed by the Court Sub-Inspector that although other under-trial prisoners had returned, the petitioner and accused Kamal Nandi had not returned. Therefore, a search was organised and sometime later the petitioner himself returned and made a station diary entry in the Plant-site Police Station, Uditnagar stating that accused Kamal Nandi had escaped from his custody. It is alleged that the petitioner took accused Kamal Nandi to a hotel at a considerable distance from the court premises and both of them entertained themselves with liquor and snacks and taking advantage of the situation accused Kamal Nandi escaped. Accused Kamal Nandi was re-arrested on 8-7-1980. After investigation was over, charge-sheet was submitted against the petitioner for offences under Ss.222 and 223, I.P.C. and under S.224, I.P.C. against accused Kamal Nandi. During trial the petitioner took the defence that although along with other constables he had escorted accused Kamal Nandi for production in the court of the Judicial Magistrate, Panposh at Uditnagar, he did not take him out of the court premises on the plea of taking water. A person assaulted him and forcibly snatched away accused Kamal Nandi from his custody.

(3.) The learned Assistant Sessions Judge who tried the petitioner and accused Kamal Nandi believed the prosecution case. While acquitting the petitioner of the offence under S.222, he convicted him under S.223,I.P.C. and sentenced him to suffer simple imprisonment for two years. He convicted accused Kamal Nandi under S.224, I.P.C. and sentenced him to undergo an equal term of imprisonment. The petitioner appealed before the learned Sessions Judge, Sundargarh who, on a careful reappraisal of the evidence, facts and circumstances, recorded concurrent findings and upheld the order of conviction and sentence.