JUDGMENT

T.S. Misra, J. - This revision arises in the following circumstances Rajendra Singh had filed a complaint dated 24th May, 1969 against the present applicants and others under sections 362, 220, 342, 323, 325, 109 and 114 of the Indian Penal Code. The present applicants were impleaded as accused Nos. 1, 4, 5 and 6 respectively. The complainant Rajendra Singh alleged in his complaint that the accused No. 9, Sri Rain Gopal Khandelwal, was a congress leader of Mau and bore grudge against him. He was friendly with accused No. 10 and being the Chairman of Mau Municipal Board and also political leader often came in contact with the officers of the district who were impleaded as accused in the case. The complainant claimed himself to be a worker of the communist party and the member of the district communist party of Azamgarh. His contention was that as communist worker he used to expose the short- comings in the administration of the accused persons and they, therefore, got annoyed with him. It was alleged in the complaint that at about 3.30 p. m. on 29th September, 1969 the complain- ant came to take tea in a shop. He saw that the accused No. 2. namely Sub-Inspector Iqbal Narain Singh, accompanied by accused Nos. 11 and 12 and P.A.C. constables were beating the passersby and also those who were sitting in different hotels and restaurants. He alleged that the accused Nos. 11 and 12 were hurling stones and brick-bats upon passersby. He, there- fore, protested against this high-handed- ness and asked to stop it but in vain. The accused No. 2 exhorted a P. A. C. constable and rushed to beat the complainant with a lathi. The complainant rushed upstairs and took shelter in the office of his party. Abdul Baqi, the Secretary of the communist party, meanwhile reached there and t the complainant narrated the entire occurrence to him. He along with Abdul Baqi then proceeded towards police station to complain against the high-handedness of accused No. 2 and his companions. When the complainant and Abdul Baqi reached in front of the house of one Sri Nath the station officer Mau was seen corning along with a few constables. The complainant along with Abdul Baqi proceeded towards them in order to apprise the Station Officer of the situation but in the meanwhile the P. A. C. Subcdar came there and pointed out towards the complainant and said that it was he who was preventing the lathi-charge. Accused No. 3 then ordered his companion constables to arrest the complainant and thus he was put under arrest. It is said that at the same time one Tarkeshwar Singh also arrived there and lie was also arrested under the orders of accused No. 3. They were taken to police station and were detained in the lock-up of the thana in the night of 29th/30th March, 1969. The complainant further alleged that at about 8.30 a. m. on 30th March, 1969, i.e. on the next day of his arrest and detention, the accused Nos. 1 and 3 to 7 accompanied by a few constables came in front of the door of the lock-up. Accused No. 1 asked the accused No. 3 as to who those persons were. The accused No. 3 then pointed out towards the complainant and Tarkeshwar Singh whereupon accused No. I uttered that inki marmmat honi chaihye'. Accused No. 4 then ordered that the complainant and Tarkeshwar Singh be taken out of the lock-up and should he beaten where- upon the accused Nos. 5 and 6 asked the police constables to take out the complainant and Sri Tarkeshwar Singh hand-cuffed and tied with ropes. Accused No. 8 opened the lock of the lock-up and hand-cuffed the complain- ant and tied him with a rope. Three police constables under the direction of accused No. 3 took the complainant at the place where accused Nos. 1, 4, 9 and 10 were sitting. Accused No. 1 then again asked about the complainant and asked accused Nos. 9 and 10 about the complainant if he was the same man to which accused Nos. 9 and 10 replied in the affirmative. Thereupon the accused Nos. I and 4 ordered that the complainan