GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 29-1-2002, rendered by the Court of Additional Sessions judge, Ferozepur, vide which, it dismissed the appeal against the judgment of conviction and the order of sentence, rendered by the Court of Sub-Divisional Judicial Magistrate fazilka, vide which it convicted the accused Gurdeep Singh (now revision-petitioner)for the offence, punishable under section 223, whereas convicted accused shingara Singh for the offence punishable under Secton 224 of the Indian Penal Code and sentenced the accused-revision petitioner to undergo RI for a period of six months and to pay a fine of Rs. 500/- and, in default of payment of fine to further undergo RI for a period of two months for the offence, punishable under Section 223 IPC, whereas accused Shingra Singh was sentenced to undergo RI for nine months and to pay a fine of Rs. 1000/- and in default to further undergo RI for three months, for the offence punishable under Section 224 IPC.

(2.) THE facts in brief, are that on 27-4-1997, HC Rachhpal Singh was acting as incharge of guard stationed at Police Station City fazilka. As per the duty chart on 28-4-1997, Constable Bohar Singh, was to perform his duty for the first quarter constable Ashok Kumar was to perform his duty for the second quarter, AC Gurdeep Singh was to perform his duty for the third quarter, whereas duty of fourth quarter was allotted to ac Sukhwant Singh. The building of the Police Station, was under reconstruction, and a room of the residential quarters, was being used as temporary lock up room. At about 3 a. m. , when HC Sukhwant Singh wanted to take charge of the lock up, he asked AC Gurdeep Singh, to count the persons confined in the same (lock up room), and it was found that accused Shingara singh alias Shigari, who was detained in the police lock up, in case FIR No. 67 dated 13-8-1996, under Sections 457/380 IPC and in case FIR No 109, dated 12-11-1996, under sections 457/380 Indian Penal Code. had escaped from the police lock up, despite the fact that he was handcuffed, and was also tied. The bolt of the door of the lock up room was lying broken. It was stated that shingara Singh alias Shigari, accused thus escaped from the police lock up due to the negligence and carelessness of the accused, gurdeep Singh, who was on duty, at the relevant time. On the basis of the statement of Constable Sukhwant Singh, the case was registered vide FIR No. 31 under Sections 224 and 225 of the Indian Penal Code against the accused. The investigation was conducted by SHO Balbir Singh, who seized keys of the lock up and handcuffs, vide recovery memo Ex. P2. He further took into possession the broken bolt, and the lock vide recovery memo Ex. P3. Rough site plan Ex. P6 of the place wherefrom Shingara Singh escaped, was prepared. The statements of the witnesses were recorded. Sanction Ex. P7 sanction (doubly numbered) for the prosecution of accused Gurdeep Singh, was obtained. After the completion of investigation, the accused were challaned.

(3.) ON their appearance, in the Court, the accused were supplied the copies of documents, relied upon by the prosecution. Charge under Section 223 was framed against Gurdeep Singh accused (now revision-petitioner), whereas, under Section 224 of the Indiian Penal Code, was framed against Shingara Singh, accused, to which they pleaded not guilty, and claimed judicial trial.