STATE OF HIMACHAL PRADESH Vs. HARISH CHANDER

JUDGEMENT

(1.) THE challenge in this appeal filed by the State is to the acquittal of the respondent passed by the learned Additional Sessions Judge (FTC), Una in Criminal Appeal No. 4/2004 (RBT No. 31/2004), decided on 17.5.2005 whereby the conviction and sentence passed by the learned trial Court under Sections 223, 224 read with Section 109 of the Indian Penal Code was set -aside. Heard and gone through the record.

(2.) THE appellant, hereinafter to be referred as the accused faced trial for the offences alongwith other co -accused punishable under Sections 223, 224 read with Section 109 of the Indian Penal Code. The allegations against the accused were that he assisted and abetted the three jail inmates to escape from the Jail.

(3.) ON 9.6.2002, PW3 Kamaljit, Jail Warder of the Sub -Jail, Una informed Assistant Superintendent, Jail about missing of the accused aforesaid except Harish accused. In turn the police was informed and the statement Ext.PW1/A of PW1 Prabhat Chand, Assistant Superintendent, Jail was recorded, which culminated into the present FIR. Later escapees were apprehended. They gave demo to him the manner in which they had escaped by making a human bridge and the accused Harish had assisted them and they were not able to take Harish out.