RAMESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS revision is directed against the judgement dated 10.3.2011 passed by the learned Sessions Judge, Shimla in Criminal Appeal No. 57 -S/10 of 2010 affirming judgement dated 29.5.2010/ 8.6.2010 passed by the learned Judicial Magistrate Ist Class, Court No. 3, Shimla in case No. 20 -2 of 2010.

(2.) THE facts in brief are that HC Gopal Singh alongwith HHC Khem Chand from Police Line, Kaithu were deputed on 11.1.2010 for production of petitioner at Rampur court and bringing him back to Kanda Jail. HC Dev Krishan and HHC Jeet Ram were also returning alongwith another accused Satpal after his production at Rampur. On 13.1.2010 at about 5.30 p.m. when complainant HC Gopal Singh alongwith HHC Khem Chand reached near Kacha road, the petitioner escaped from their lawful custody and fled away. The complainant alongwith HHC Khem Chand chased the accused and intercepted him again at a distance of half kilometer.

(3.) THE notice of accusation for offence, punishable under Section 224 IPC was put to the petitioner, he denied the accusation and claimed trial. The prosecution has examined ten witnesses. The statement of the petitioner was recorded under Section 313 Criminal Procedure Code He denied the prosecution case and pleaded his innocence. According to the petitioner, the police officials were taking liquor, he had gone for answering the call of the nature, he suddenly fell down and sustained injuries. He has been falsely implicated in the case. The petitioner examined D. W. 1 Satpal in defence.