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 s