ORDER

Boys, J. - I was responsible myself for the admission of this reference for hearing as I thought the case required looking into. The applicants have been convicted u/s 187 of the Indian Penal Code, and released u/s 562 of the Code of Criminal, Procedure after a warning. Two of the men are a patwari and a mukhia respectively, and the conviction is naturally of some importance to them as they are likely to lose their positions. The case has, therefore, required some thought, for it arises also under unusual circumstances. Two constables and two chaukidars went to arrest a man in a riot case. The man was working in his fields. He was arrested in the ordinary sense of the term, and there is no reason for applying any other, by securing his hands with a pagree, for the Policemen had no handcuffe. On being thus arrested he lay down on the ground and refused to move. Now, the findings of fact are that the evidence of the two constables is believed that they asked the assistance of the accused person n who not only refused it but showed their sympathy with the man who had been arrested. It is suggested here that there is nothing on the record to show what form of assistance the consta