Judgement

RAMASWAMI, J. - This appeal is brought, by certificate, from the judgment of the High Court of Bombay, Nagpur Bench dated July 24, 1964 in Criminal Appeal No. 198 of 1963.

2. The respondents - Atmaram and Uttam - are Head Constables and respondent Bhikaji is a police Constable. All the three of them were attached to Jalgaon Police Station in Buldhana District in September 1962. On September 1, 1962, one Akaram went to the police station to report that his brother Lahanu has disappeared. The Sub-Inspector in-charge of the Police Station recorded the information in the Station Diary and ordered respondent No. 1, Atmaram to enquire into the matter and report. Respondent No. 1 reached Sungaon village on September 3, 1962 and sent for Smt. Shiwanti, Dwarki, Jumma and Sukha Ram s/o Kishan in the Baithak of Police Patel and made enquiries. All these persons denied having any knowledge about Lahanu. They were assaulted by respondent No. 1 and detained in the Baithak of Police Patel till the evening when they were taken by him to the office of the Gram Panchayat. Respondent No. 1 sent an interim report on September 4, 1962 requesting for more police help. Uttam, respondent No. 2 and