Judgment

J. L. KAPUR J.: This is an appeal by special leave against the judgment and order of the High Court of Pepsu passed in revision. The appellant was a Sub-Inspector of Police who at the relevant time was the Station House Officer in-charge Shehna police station in the erstwhile PEPSU State. He was convicted under S. 193, Indian Penal Code, by a First Class Magistrate and his appeal to the Sessions Judgc, Patiala, was dismissed except as to sentence. He took a revision to the PEPSU High Court but that was also dismissed.

2. This appeal has arisen in the following circumstances: One Surjit Singh s/o Risaldar Waryam Singh was arrested on September 25, 1953, at Barnala in PEPSU State by the Police Inspector Jaswant Singh, He was kept in the lock-up at Barnala and on the following day his custody was handed over to the appellant and he was taken to Shehna and was kept in custody-it is not clear under what section-in the police station lock-up at Shehna. Surjit Singh was there kept in custody from September 25, 1958, till October 10, 1953, when at about 10 p.m., he was surreptitiously removed to Police Station Dialpur and then to Police Post Hamirgarh and from there was taken to Pol