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Showing contexts for: section 174a ipc in State vs . Krishan Kumar @ Malhi on 31 January, 2023Matching Fragments
20. In the present case, all other accused persons have already been convicted by the Ld. Predecessor of this Court vide Judgment dated 31.08.2016. As regard accused Krishan, the charges have been framed against him u/s 364A/365/394/120B/174A IPC on 16.04.2013. Further charge u/s 174A IPC was framed against him on 18.09.2021. For the sake of brevity and convenience let the relevant sections be reproduced verbatim which are as under:-
"120A IPC. Definition of criminal conspiracy.-When two or more persons agree to do, or cause to be done.-
37. In view of the above findings, the prosecution has been able to prove the case beyond all reasonable doubts against accused Krishan Kumar for the offences u/s 364-A IPC r/w 120 B IPC, 365 IPC r/w 120 B IPC, 394 IPC r/w 120 B IPC and 120 B IPC.
38. Accused Krishan Kumar @ Malhi has also been charge-sheeted for an offence u/s 174A IPC. The charge u/s 174A IPC was framed against him twice. The first charge u/s 174A IPC was framed on 16.04.2013 and the second charge u/s 174A IPC was framed on 18.09.2021.
41. Coming to the present case, the first charge u/s 174A IPC was framed on 16.04.2013. The accused was declared Proclaimed Offender on 24.02.2010. He was arrested on 28.10.2012 and was produced before the Court on 30.10.2012. In order to prove charges u/s 174A IPC, the prosecution has examined two witnesses:-
PW-32/ ASI Rampal has deposed that he had received process u/s 83 CrPC in respect of accused Krishan Kumar. He went to the given address at Village Jhashwa, PS Salavas, District Jhajjar Haryana and met the Pradhan of the village. The accused was not found at his address at Village Jhashwa. No movable and immovable property of the accused was found. He gave his report dated 28.11.2019 as Ex.P2.
43. The second charge u/s 174A IPC was framed on 18.09.2021. As per the second charge, the accused was declared proclaimed offender on 13.10.2016. He was arrested on 17.02.2021 and was produced before the Court on the same day. The prosecution has examined three witnesses to prove the second charge u/s 174A IPC i.e. PW-1A ASI Chanderhas, PW1-B ASI Inder Singh and PW1-C ASI Rajesh Kumar.
44. However, the perusal of the process issued u/s 82 CrPC Ex.CW1/A against the accused reflect that it was issued on 20.07.2016 and was returnable on 04.08.2016. It was published on 02.08.2016. Even in the second proclamation issued against the accused, the time given to him to appear is less than thirty days of the date of issuance of the proclamation. Therefore, the second process u/s 82 CrPC has also not been executed as per law and the accused cannot be convicted u/s 174A IPC on the basis of such proclamation.