JUDGMENT

S. RATNAVEL PANDIAN, J.:-The appellant, Sham Kant who was aged about 24 years at the relevant period of the occurrence in question i.e. in June, 1980 was acting as Sub-Inspector in Ramtek Police Station in the State of Maharashtra. The facts giving rise to this appeal briefly stated are as follows:

2. For the sake of convenience, we address this appellant as accused No. 1 as arrayed before the trial Court along with six others who were accused Nos. 2 to 7.

3. On the intervening night of 23rd/ 24th June, 1980, there was a house-breaking in the Shantinath Jain Temple, Ramtek. A brass idol and some silver ornaments called Chhatra worth about Rs. 4,500/ - were stolen from the temple. The priest of the temple, Bhorumal lodged a complaint in respect of this incident on 24th June, 1980 at Ramtek Police Station. On the basis of this complaint, a case was registered in Crime No. 96/ 1980 under Ss. 452 and 380, I.P.C. As the regular Sub-Inspector of Police, Mr. Bukhari attached to that Police Station was on leave, the accused No. 1 was acting as the Station House Officer. He entrusted the investigation of this case to accused No. 2, a Head Constable. Accused Nos. 3 and 4 were Head Cons