Judgement

VAIDIALINGAM, J. : The appellant, who was the second accused, in Sessions Case No. 9 of 1967, and accused No. 1, were found guilty, under S. 195 and S. 196 read with S. 34, I. P. C., and each of them has been convicted and sentenced to undergo three years rigorous imprisonment, for these offences, and the sentences have been directed to run concurrently. The case of the first accused, is not before us, in these proceedings.

2. The appellant challenged his conviction and sentence, passed against him, before the High Court of Bombay, in Criminal Appeal No. 74 of 1967. A division Bench of the High Court has, by its order dated April 27, 1967, summarily dismissed the appeal, in one word dismissed . The appellant has come up, to this Court, by special leave. But this Court, by its order dated September 7, 1967, has granted special leave, limited to the question as to whether the High Court was justified in dismissing the appeal summarily. That is the only point, that arises for consideration, in this appeal.

3. It is necessary, to set out briefly, the circumstances under which the appellant, who was a police Sub-Inspector, along with one Dilawar, who was accused No. 1, came to