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1964 Supreme(Bom) 36

L.M.PARANJPE
ATMARAM LAXMAN, Police Head Constable – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT -Three police officials, now under suspension, are challenging their convictions and sentences under sections 330, 342, 343 and 348 of the Indian Penal Code.

2. The appellants Atmaram and Uttam are Head Constables and the appellant Bhikaji is a Police constable. All three of them were attached to the Jalgaon Police Station in Buldana district in September 1962. On September 1, 1962, one Akaram went to that police station to report that his brother Lahanu had disappeared. He expressed a suspicion that Lahanu might have been murdered. The Sub -Inspector in charge of the police station recorded that information and ordered the appellant Atmaram to enquire into that report of Akaram.

3. The case for the prosecution was as follows: From the report of Akaram, the appellant Atmaram suspected that Lahanu was murdered, and Shewanti w 10 Sonaji, Dwarki w 10 Lahanu, Sheikh Jumma, Sakharam Bon of Kisan and Sakharam son of Sonaji were involved in that murder. In order to obtain information from these persons with respect to the murder of Lahanu and for knowing where the corpse was, Atmaram kept these five persons in unauthorised custody from September 3, 1962, till September 7, 1962,










































































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