Judgment

AHMADI, J.:- In Criminal Case No. 3 of 1975, three persons were put up for trial before the learned Special Judge, Sultanpur (U.P.). The case arose out of the death of one Ram Dhiraj Tiwari in police custody. Accused No. 1 Rauddin Khan (respondent in Criminal Appeal No. 477 of 1979) was the Sub-Inspector of Police of Police Station Kure Bhar in District Sultanpur at all material times during the commission of the crime. Accused No. 2 Shamsher Ali (since acquitted) was posted at the said police station as Beat Constable No. 3. His companion Accused No. 3 (appellant in Criminal Appeal No. 111 of 1979) was the Head Moharrir of the said police station. Crime No. 71 of 1971 under Section 395, I.P.C. was registered at the said police station on 25-5-1971 concerning a dacoity committed at village Khara within the jurisdiction of the said police station. In that connection one Jagdamba was arrested on 20-9-1971. During interrogation by AI the said suspect is alleged to have made a confessional statement involving Ram Dhiraj Tiwari. On the basis of this information A 1 directed A2 and Ram Jas (PW 6) and Harakh, both police chowkidars, to apprehend Ram Dhiraj and produce him before h