STATE OF H P Vs. VIJAY KUMAR

JUDGEMENT

(1.) The learned trial Court, convicted, the accused, in respect of charge, embodying therewithin, offences constituted under Section 225-A read with Section 34, IPC. Being aggrieved therefrom, the accused, hence, preferred an appeal before the learned Additional Sessions Judge, Fast Track Court, Kullu, whereby, the latter Court reversed the findings, of conviction, and, consequent sentences imposed, upon, the accused. Being aggrieved therefrom, the State of H.P., has hence instituted the instant appeal, before, this Court.

(2.) The facts relevant to decide the instant case are that an FIR was got registered by the accused on 28.7.2001 sating that he and his co-accused Sohan Lal had brought prisoner Ibrahim Micha, who was accused of the commission of offence punishable under Section 20 of NDPS Act, to the Court of learned District & Sessions Judge on 27.7.2001. The came to Kullu in a bus and when the bus reached at Dhalpur Chowk at about 7.45 p.m., prisoner Ibrahim Micha ran away taking advantage of crowd at Dhalpur Chowk. He left his bag at the spot. Both the accused-police officials followed him shouting that Ibrahim Micha was running and he should be caught, but he could not be caught due to heavy rush. Efforts were made to find said Ibrahim Micha, but he could not be traced. The accused had taken sufficient precautions to retain Ibrahim Micha in their custody, but he ran away taking the advantage of heavy rush. The FIR Ex.PW8/A was recorded under Section 224 of the IPC against said Ibrahim Micha. The investigations were conducted by H.C. Lal Singh, who visited the spot and prepared site plan Ex.PW11/a. During the investigation, it was found that accused Vijay Kumar and Sohan Lal had taken the said Ibrahim Micha to htoel Shobhla. The dinner was taken by them at the said hotel. The payment was made by said Ibrahim Micha. Statements of Harbans Singh, Piare Ram and ASI Sant Ram were recorded, who disclosed that no person had absconded from the police custody on 27.7.2001 at about 7.45 p.m. Hence, it was concluded that accused had assisted the said Ibrahim Micha in escaping from custody.

(3.) On conclusion of investigation(s) , into, the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared, and, filed before the learned trial Court.