ORDER :- The revision petitioner is accused 6 in S. C. No. 72 of 1966 on the file of the IIIrd Assistant Sessions Judge, Tiruchirapalli. He was originally charged along with several other accused under Sections 147, 148, 224, 225, I. P. Code etc. and tried by the IIIrd Assistant Sessions Judge. Accused 5 and 7 and the petitioner alone were convicted and the rest were acquitted. The petitioner was convicted under Sections 224 and 323, I. P. C. and sentenced to under R. I. for one year and three months respectively by the Assistant Sessions Judge. On appeal, accused 5 and 7 were acquitted of all the charges and the petitioner was also acquitted under Section 323, I. P. C. but his conviction and sentence under Section 224, I. P. C. were confirmed.

2. The relevant facts for the purpose of appreciating the contentions raised by the learned counsel for the petitioner are these : On the 20th February 1966 at about 8 p. m. the Sub-Inspector of Police, Turiayur, while he was on his rounds with a police party, arrested one culprit on suspicion and sent him to the police station under the escort of a constable. When the rest of the police party was proceeding towards Palle street in T