Judgment

DUA, J. :- This is an appeal by special leave under Art. 136 of the Constitution from the judgment and order of the High Court of Judicature at Patna dated January 23, 1968 affirming on appeal the appellant s conviction and sentence under S. 5 (f) of the Bengal Military Police Act, V of 1892 (hereinafter called the Act). The appellant was appointed as sepoy in Bihar Military Police V on November 11, 1962. The headquarters of the Bihar Military Police V as also of the Bihar Military Police VIII are at Phulwari Sharif. The appellant was later transferred to C Company of Bihar Military Police VIII. After some time this company was posted on active service at Kathua in Kashmir and the company left Phulwari Sharif on June 2, 1964. On September 2, 1965 the appellant deserted from the police force without giving any intimation to the officers of the company. He was tried for desertion by the Second Assistant Sessions Judge at Patna on alternative charges under S. 5 (f) and S. 6 (o) of the Act and also on the additional charge under S. 29 of the Police Act, 1861. In defence he pleaded that at the relevant time he was under suspension and further that he had received information f