JUDGMENT

Srinivasan, J.-The appellants are police officers. The first of them was a Sub Inspector and others were Constables. They were charged with offences under Sections 201, 302 and 302 read with Section 34 I.P.C. The Court of Additional Sessions Judge, Mahesana acquitted them by giving benefit of doubt and the High Court reversing the said conclusion convicted them under Section 304 Part II and Section 201 read with Section 114 I.P.C. and awarded 7 years rigorous imprisonment and 2-1/2 years rigorous imprisonment besides a fine of Rs. 100/- each. There was one other accused by name Ramaji Sursangji Thakor who died during the pendency of the appeal in the High Court resulting in its abatement against him.

2. The prosecution case was as follows :

(i) On July 19, 1982, two residents of Bhalesaravas locality of Vadnagar town came to the police station around 10.30 PM and informed the P.S.I. (first appellant) that one man had entered their mohallah and they had tied him up and detained there. The first appellant alongwith appellants 2 and 6 and two other constables went in police jeep taking the two informants with them. They returned within half an hour with an unknown person. The said person was shouting all the time. He was saying sometimes that he was serving in the Railways and sometimes that his father was serving in the Railways. Appellants 1 to 5 were interrogating that person who had given his name as Kantuji Mohansing of Rajpura Village (Katosan). He was severely beaten by the appellants. At that time one Rasiklal Dave (PW 4) a resident nearby came to the police station and enquired about the same. He also enquired Kantuji about him and went away. The said Kantuji became unconscious during the interrogation. The appellants took him in the police jeep saying that they were taking him to hospital. As they did not return for more than three hours, the Head Constable Ramanbharathi (complainant) tried to contact the Circle Police Inspector of Kheralu and the D.S.P. of Mehesana by phone but in vain. He made an entry in the Station Diary and sent a wireless message to police constable Ratansing through constable Gambhirji. As he was not feeling well he called M.C. Vadansing at about 7.10 AM on 20.7.82 and handed over charge of the police station and went home.

(ii) On 20.7.82 the first appellant had registered an offence under Section 122(c) of Bombay Police Act against one Thakarda Parbatji Bhikhaji of Jagapura who was brought to the police station in the morning by him. The said Parbatji was not the man who was interrogated in the police station on 19.7.82 night. On 21.7.82 some relatives of Kantuji came to the police station and the complainant learnt from them that Kantuji s whereabouts were not known since 19.7.82. On 22.7.82, the complainant lodged a complaint before Circle Police Inspector of Kheralu and on the basis of the same registered a complaint against the appellants at the Vadnagar police station for the offence of commission of murder of Kantuji Mohansing and for concealing the dead body with a view to screening them from legal punishment.

(iii) Thereafter investigation was started by Circle Police Inspector and a dead body was found lying in the jungle between Danta and Ambaji. It was in a decomposed state and the clothes thereon were similar to those worn by Kantuji when he was brought to the police station on the 19th. The relatives of Kantuji identified the clothes and also other articles put on the person of the dead body and also identified the body to be that of Kantuji. The appellants were arrested and after completion of investigation they were chargesheeted.

3. The accused put forward a case that the man who was brought to the police station on 19.7.82 was one Parbatji Bhikhaji of Jagapura village and he was taken for investigation or an offence of house breaking committed in Bhalesaravas locality and as he was not found to have been involved in that offence, he was brought back to the police station i