SHAMSHER SINGH AND ANOTHER Vs. U T CHANDIGARH

JUDGEMENT

(1.) This order will dispose of both the aforementioned revision petitions filed against judgment dated 06.08.2012 rendered by learned Additional Sessions Judge, Chandigarh dismissing appeal filed by present petitioners-accused against judgment of conviction and order of sentence dated 04.12.2009 passed by learned Judicial Magistrate First Class, Chandigarh vide which petitioners-accused were convicted for offence under Section 223 IPC and sentenced to undergo simple imprisonment for one year and to fine of Rs.2,000/- each except to the extent that the quantum of sentence was reduced to simple imprisonment for five months.

(2.) I have heard learned counsel for the parties and have gone through the whole record including both the judgments rendered by learned courts below.

(3.) Briefly stated, allegations against petitioners-accused are that, they were handed over custody of accused Gurjant Singh son of Nazar Singh, who was an accused in a case under Sections 332/353/224/309/504 IPC, for being produced before the court of Chief Judicial Magistrate, Una on 24.02.2003. The accused was being transported in Himchal Road Transport Corporation bus. The petitioners alongwith accused -Gurjant Singh alighted from the bus near the Kisan Bhawan Chowk, Sector 22/23 and 35/36, Chandigarh and boarded a local Chandigarh Transport Undertaking bus for Bus Stand, Sector 43, Chandigarh. However, on the request of Gurjant Singh, they had taken him to STD booth for making telephone call and thereafter, he requested to use toilet and hence, he was taken to the toilet and at that time his handcuffs were removed and however, the accused succeeded in running away.