(1.) This is an appeal against judgment and order dated 14.12.2002 passed by the learned Chief Judicial Magistrate, Kapurthala whereby, respondents no 1 to 3 have been acquitted.
(2.) The respondents were charged for the offence under Section 223/224 IPC on the allegation that while they were posted on guard duty to guard under trial Bikramjit Singh who had been brought to Civil Hospital , Kapaurthala for urinary problem treatment, they conducted themeselves in a negligent manner and allowed undertrial Bikramjit Singh, who was facing trial U/S 302/34 IPC, to escape from custody while undertreatment in Civil Hospital. The said Bikramjit Singh was charged under Section 224 IPC on the allegation that while he was admitted in hospital as undertrial, he escaped from the lawful custody after which the matter was reported to the police by Superintendent District Jail.
(3.) The prosecution in order to prove its case examined Roop Ram (PW1), the then Deputy Superintendent Jail, Mohinder Singh, Head Warder (PW2), Baljinder Singh Assistant Suprintendent Jail, (PW3) Kartar Chand,Assistant Suprintendent Jail, (PW4), Jarnail Singh (PW5), Parveen Kumar (PW6), ASI, Partap Singh (PW7), Dr. Gurcharan Singh (PW8), HC Baldev Dutt(PW9). ASI Gulzar Singh (PW10), Parvez Masih, Criminal Ahlamd (PW11), Gulshan Kumar (PW12) and Kavita Rani (PW13). The respondents in their statements under Section 313 of the Code of Criminal Procedure (Cr.P.C. for short) denied the prosecution version and stated that they have been falsely implicated in the case .
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