STATE Vs. KARNIDAN

JUDGEMENT

(1.) THIS is a Government appeal against the judgment of the Additional Sessions Judge, Gangapur, dated the 28th November 1949.

(2.) SHANKERDAN and Karnidan were arrested in a dacoity case under sec. 397 I. P. C. and they were prosecuted in the court of the Extra Magistrate, Sawai Madhopur. On the 29th of December 1948 they were taken from the judicial lock-up to the court and after the proceedings of their case had finished they were taken by Kanwarilal, a police constable, along with one Moti to the judicial lock-up. Both SHANKERDAN and Karnidan were jointly handcuffed. They both pretended to make water and the police constable allowed them to attend to the call of nature. After a while SHANKERDAN managed to take his hand out of the handcuff, leaving it on the hand of Karnidan and both of them managed to run away. Kanwarilal at once handed over the custody of Moti to Yasin Kharadi and he pursued the two accused. He also raised a hue and cry and several persons ran after them. After a short distance SHANKERDAN was caught by Bhonrilal and Ramnarain. Ramnarain is a police constable and Bhonrilal is a peon of the Court of the Deputy Commissioner, Sawai Madhopur. The same afternoon Karnidan was also arrested on the top of a nearby hill by Kushalsingh, Chiranji and others. Karnidan, Shanker Dan and Moti were prosecuted for an offence under sec. 224 I. P. C. but Moti was acquitted by the First Magistrate, whereas the other two accused were convicted under sec. 224 I. P. C. and they were sentenced to undergo two years' rigorous imprisonment each. On appeal, the learned Additional Sessions Judge, Gangapur, acquitted both SHANKERDAN and Karnidan on the ground that most of the prosecution witnesses were Government servants and the rest were under the influence of the police and also because of the fact that Kanwarilal, from whose custody the accused had escaped, had not been prosecuted for an offence under sec. 223 I. P. C.