The central legal point established in the judgment is the application of legal provisions related to wrongful confinement, causing hurt for extorting a confession, and the appropriate sentencing for the convicted individuals.

Horwill, J.

1. The three appellants, who are police officers at Rayachoti, were charged in the Sessions Court of Cuddapah under Sections 348 and 330, Penal Code, with wrongful confinement for the purpose of extorting a confession and voluntarily causing hurt for the same purpose. The appellant in Criminal Appeal No. 474 of 1940 was accused 1 in the lower Court. He has been found guilty under both counts and sentenced to three years rigorous imprisonment and fine for each offence. The appellant in criminal Appeal No. 617 of 1940 was accused 2 in the lower Court. He has been found guilty only under Sections 323 and 342, Penal Code, because, although the learned Sessions Judge thought that be had committed some of the acts of which complaint was made, he was not satisfied that they were done for the purpose of extorting a confession. The appellant in Criminal Appeal No. 672 of 1940 was found guilty under Section 342, Penal Code, for the same reason. He was accused 3 in the lower Court. The learned Sessions Judge was not even sure that this appellant caused any injury to any of the complainants. Both accused 2 and 3 were directed to be released on their executing bonds for good behaviour. The Crown has preferred a criminal revision case, contending that these orders were not an adequate punishment for the offences.

2. The prosecution story is that P.W. 18, the wife of the hotel keeper, p.W. 19, lost a bills on the evening of 7th September 1939, which she had removed from her hair only a short time before its loss was discovered. She suspected P.w. 1, a maid-servant in her house, aged about 14, her younger sister P.W. 3, aged about eight, and P.W. 2, a dhobi woman aged about 50 years, who was in the hotel when this bills was lost. P.W. 19 seems to have been on very friendly terms with the local police and the station writer promised to send two constables. One of them was accused 3. This accused came and said to P.W. 19; "I am not a man if I do not get your bills back." Then he adopted the cowdung procedure, in order to give the accused persons an opportunity of returning the bills without implicating them selves. Each of them was told to bring a ball of cowdung and put it in a pot, the reason for this being that if they had the bills they could put it in the middle of the dung and so conceal the return of the jewel. That procedure was however unsuccessful and the search was abandoned for the night. On the following morning, P.W. 19 told the Circle Inspector, P.W. 37, at about 8 A.M. about his loss. Accused 1, who was the station house officer, was absent on that day from the station; and so the Circle Inspector told accused 2, who was the Prohibition Sub-Inspector of the same place, to look into the matter. Accused 2 at once sent P.W. 41 to fetch the three suspected persona to the station, where they were subjected to third degree methods, being beaten in various petty ways, rapped on the knuckles, knees, elbows, etc, by this accused. At about 12-30 P.M., a search was made of P.W. 2s house and P.W. 2 was taken from the station to her house for that purpose. She was there put to certain indignities and struck by accused 2. Accused 3 kicked her husband. Nothing being found there, P.W. 2 was taken by accused 3, under accused 2s instructions, to the house of accused 1, where, at about 2 P.M., she was locked up by accused 3. At about 4 P.M. accused 2 returned to accused 1s house and beat W. W. 2. He then left instructions for p.w. 2 to be brought back to the station. Throughout this time P. Ws. 1 and 3were detained at the station. At about 6 P. M. she was brought to the station by P.W. 40.

3. On the way to the station they were met by accused 1 who had just returned to Rayachoti, and from that time onwards accused 2 left the matter almost entirely in accused 1s hands. He actually left the station at 8 p. M. but he continued to play a minor part in this drama. Accused 1 now began to turn his attention to P.W. 1, who had so far esca