JUDGMENT

Chandrachud, C.J. - This is an appeal by the State of U.P. against be judgment of a

learned single Judge of the Allahabad High Court, setting aside the order of conviction and sentence passed by the learned Sessions Judge, Fatehpur against the four respondents. Respondents 1 and 2, Ram Sagar Yadav and Shobha Nath alias Pujari, were convicted by the learned Sessions Judge under section 304, Part 2, of the Penal Code and were sentenced to rigorous imprisonment for' seven years. Respondent 1 was also convicted under section 220 of the Penal Code for keeping a person in confinement corruptly and was sentenced to rigorous imprisonment for five years. Respondents 3 and 4 were convicted under section 304, Part 2 of the Penal Code and were Sentenced to rigorous imprisonment for three years.

2. Respondent 1, Ram Sagar Yadav, was the Station House Officer of the Hussainganj, Police Station, District Fatehpur, while the remaining three respondents were attached to that Police Station as constables. On the morning of August 29, 1969 respondents 3 and 4 went to village Haibatpur, arrested the deceased Brijlal and brought him to the Police Station at about 10.00 A.M. Brijlal died the sa