RAM SINGH Vs. EMPEROR

JUDGEMENT

(1.) It appears that the applicant Ram Singh was convicted in the Court of a Magistrate of an offence under Section 224 of the Indian Penal Code, that is to say, the offence of escaping from lawful custody.

(2.) The finding of the learned Sessions Judge in appeal is that Earn Singh was not in lawful custody. He has, therefore, acquitted him of the offence under Section 224 of the Indian Penal Code, but has convicted him under Section 323 of the Indian Penal Code of the offence of assaulting the constable who arrested him.

(3.) The story which was told regarding this arrest was that the constable had been deputed by the Station Officer to arrest Ram Singh in connection with a charge of dacoity. The learned Sessions Judge's finding is that it is not proved that the Station Officer did depute this constable for this purpose. He did not believe the statement of the Station Officer in this respect.