PURNA CHANDRA KUNDU Vs. EMPEROR

JUDGEMENT

(1.) THE first petitioner has been convicted under Section 224 of the Indian Penal Code for escaping from lawful custody, namely, that of a chowkidar, and the other two have been convicted under Section 224/109 of the Indian Penal Code for aiding and abetting the first petitioner in so escaping.

(2.) THIS Rule was issued on the ground that the custody of the chowkidar was not a lawful custody. It appears that the first petitioner was arrested by a private person within the terms of Section 59 of the Criminal Procedure Code, and was made over to the chowkidar to be taken to the police-station. THIS case is Covered by the authority of Kalai v. Kalu Chowkidar (1900) I.L.R. 27 Calc. 366 in which the question was decided that a chowkidar cannot be properly regarded as a police-officer within the terms of Section 59. THIS Rule must be made absolute. The conviction and Sentences are set aside. The petitioners, if on bail, are discharged from their bail. If they are in jail, they shall be forthwith released unless they are to be detained for some other reason.