STATE OF HARYANA Vs. SATBIR SINGH KADIAN

JUDGEMENT

(1.) The instant application has been filed under Section 378(3) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 23.05.2012 passed by the learned Judicial Magistrate First Class, Kurukshetra, whereby the respondent has been acquitted of the charges framed against him.

(2.) Brief facts of the case are that on 04.05.2009, ASI Ram Kumar along with other officials was present at 3 rd Gate, Kurukshetra University, Kurukshetra for patrolling. EASI Ram Lal produced an application to ASI Ram Lal to the effect that on 02.05.2009, accused Sukhchain Singh, who was confined in District Jail, Kurukshetra in case FIR No. 380 dated 27.10.2008, was admitted in LNJP Hospital. On 04.05.2009, ASI Ram Kumar went to his house for taking lunch. EASI Ramesh Kumar and C. Virender Singh were on duty to keep eye upon accused Sukhchian Singh. When ASI Ram Kumar came back, he met EASI Ramesh Kumar and C. Virender Singh at the gate of LNJP Hospital. EASI Ramesh Kumar told him that C. Virender Kumar took the accused for urinal purpose after removing his handcuffs and Sukhchain Singh-accused fled away due to ignorance of C. Virender Kumar. EASI Ramesh Kumar further told that C. Virender Kumar used to arrange a talk between the accused and his son through his mobile phone. Hence, the accused fled away with the help of C. Virender Kumar and his son Jacky. On the basis of this complaint, case punishable under Sections 120-B, 223 and 224 of the Indian Penal Code was registered. After completion of investigation, challan was presented in the Court. Thereafter, charge was framed against the accused to which the accused pleaded not guilty and claimed trial.

(3.) The prosecution, in order to prove its case, examined PW1 Ram Kumar, SI, PW2 Ram Lal, EASI, PW3 Ishwar Singh, ASI and PW4 Prem Singh, ASI and closed its evidence.