JEEWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 6.4.2013 rendered by the learned Additional Sessions Judge -II, Kangra at Dharamshala in RBT Criminal Appeal No. 100 -G/10/08 confirming the conviction passed by the Additional Chief Judicial Magistrate, Dehra for offence punishable under section 224 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nutshell, is that appellant was facing trial before the learned Sessions Judge, Kangra at Dharamshala in FIR No. 38/2003 dated 10.4.2003 under sections 452, 147, 149 and 302 of the Indian Penal Code. Appellant moved an application before the Sessions Judge for withdrawing amount from his R.D. The application was allowed by the Sessions Judge directing the police to take him under proper escort for a day to go to Post Office, Jaswan Kotla and bring him back to jail. Appellant was taken back to Chintpurni after withdrawal of money at about 4.15 P.M. When the bus reached near Tehsil Office, Durgai, appellant informed that he intended to answer the call of nature. He was de -boarded from the bus. He was brought to forest. He threw mud in the eyes of constable, who was standing nearby and thereafter jumped from the hill and escaped. Alarm was raised by the constables but the appellant could not be traced. Local persons also followed the appellant, however, appellant fled away from the spot. The matter was reported by Constable Sudershan Kumar to the Police Post Sansarpur Terrace. The FIR was registered against the appellant in Police Station, Dehra. The matter was investigated. Challan was put up in the court after completing all the codal formalities.

(3.) MR . Vinay Thakur has vehemently argued that the prosecution has failed to prove the case against the appellant. He then contended that there are material contradictions between the statements of PW -3 Kishori Lal and PW -4 Sudershan Kumar. He then contended that eye witness, namely, PW -7 Raj Kumar has not supported the case of prosecution.