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Judgment
A.K. Rajan, J.—Appeal against conviction under Sections 224 and 332 I.P.C.
The case of the prosecution is that , on 27.2.1989 at about 1.30a.m.at Shenbagathope-Srivilliputhur, the accused escaped from the forest
guard, when they were lawfully detained for the offence of smuggling sandalwoods. At the same time, A2 to A4 voluntarily caused injury to one of
the guards. Therefore, charges were framed under Sections 224, 364 and 506(2) I.P.C.
To prove the case, the prosecution has examined P.Ws 1 to 9, marked Exs P1 to P10 as well as M.O1. There is no evidence either
documentary or oral on the side of the defence.
The prosecution has clearly proved that these accused were apprehended by the Forest Officials for the offences punishable and they escaped
from their lawful custody. They also caused hurt to P.W.3
The evidence on record proves beyond reasonable doubt all the charges against the accused and there is no sufficient reason to set aside the
findings of the Court below. Therefore, the Lower Appellate Court is right in concluding that the charges have been proved and this Court concurs
with the findings of the Court below.
Regarding sentence, learned counsel appearing for the appellants/accused submitted that the sentence may be reduced. The sentence that is
prescribed under the Act for such offence is two years but the Court has taken a lenient view and imposed the sentence of six months. Hence, this
Court is of the view that the sentence cannot be reduced as such offences shall be dealt with seriously.
In the result, the appeal is dismissed and the conviction and sentence is confirmed.