RUR SINGH Vs. EMPEROR

JUDGEMENT

(1.) In this case, the petitioner Rur Singh has been convicted under the provisions of Section 223 of the Indian Penal Code and sentenced to two years simple imprisonment on the charge that he, being a public servant charged with the duty of keeping in confinement certain prisoners who were under trial, negligently suffered these prisoners to escape from confinement.

(2.) The facts are that on July 31, 1934, at about 2 p. m. seven under-trial prisoners attempted to escape and four of them succeeded by scaling the wall of ward No. 13 in which they were confined along with a number of other prisoners in charge of the accused who was an Additional Head Warder.

(3.) The defence of the accused is that he Was overpowered by four of the prisoners as soon as he blew his whistle, that he blew his whistle as soon as he saw a prisoner scaling the inner western wall of Ward No. 13 and that his whistle was broken and a button of his waterproof coat was torn off, that he made every attempt to prevent the escape and that he was not negligent in the discharge of his duties.