SUNDAR NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE two revisions having been arisen from a common judgment and the Advocates in both the revisions being same, the same are disposed of by this common judgment.

(2.) SUCCINCTLY stated, the prosecution case is that on 2.8.1990 at about 4 P.M. while P.Ws. 2 and 5, two constables of Tusura Police Station were escorting the accused persons under one handcuff to a Court in Bolangir, in a bus after the name of Sibani, on the way, when the bus halted at Deogaon Bus Stand, they fled away with the handcuff. P.Ws. 2 and 5 chased to apprehend them, but failed. So, both of them lodged a written report before the O.I.C. of Tusura Police Station. As the allegation contained in the report, which was treated as F.I.R. revealed a cognizable case under Sections 224/34 of I.P.C., the O.I.C. registered Tusura P.S. Case No. 72 of 1990 and directed the S.I. of Police, P.W. 9 to investigate into the case. Accordingly P.W. 9 investigated into it and in course of investigation, examined the witnesses, seized the key of the handcuff, prepared seizure list in respect thereof and after completion of investigation, finding a prima facie case against the accused persons, submitted charge sheet against them under Sections 379/224/34 of I.P.C. However, the accused persons were charged under Sections 224/34 only and on denial of the charge, faced the trial before the J.M.F.C, Bolangir.

(3.) HOLDING the evidence of P.Ws. 2, 5 and 7 to be unimpeachable, the trial Court convicted the accused persons of the offence under Sections 224/34 of I.P.C. and sentenced each of them to undergo R.I. for one year.