JUDGMENT

Chandra Prakash, J. - This is an application in revision against the order dated July 6, 1970 of Sri B.P. Agarwal, Additional Sessions Judge, Varanasi affirming the conviction and sentence of the applicant under/R. 41 (5) of the Defence of India Rules and under/Sec. 29 of the Police Act.

2. The prosecution case, in brief, was that the applicant Murtaza Ali was the Constable in the U.P. Police Force. During the emergency the services of some constables were transferred to the PAC. The applicant was also transferred to 'L' Coy. V Bn. PAC Ramnagar. He arrived at Ramnagar on September 15, 1965. From the very beginning the applicant was reluctant to join PAC and was dissuading other constables also. He used to ask his companions not to join PAC because the members of that force had to go on war duty. He used to go to PAC hospital on one pretext or the other. He also refused to sign the statement required to be filled in by the new entrants of PAC On September 20, 1965 at about 6.11 a.m. he was found absent from the Lines. He came back in the evening at about 7 p.m. and was punished by the Asstt. Commandant, He refused to parry out the punishment and on September 22, 1965 he abse