1. The prosecution Case is that on the night of 10th May 1939 a gold ring belonging to Puran and a gold mohar belonging to Khunde's son Himmat were stolen from their persons, while they were sleeping in the court-yard of Khunde. On report of the theft being made by Khunda (Ex. P-12 and P-13), investigation was first started by the accused Ishwari Prasad, head constable, and was subsequently taken up by the accused Parmanand Sub Inspector, on 12th May 1939. In Exs. P-12 and P-13 Khunde had definitely expressed his suspicion against Munde as it was he who was there at night shampooing the legs of Puran. The Sub-Inspector and the Head Constable Ishwari Prasad both suspected Munde but in all probability on Munde's version that Puran and Mt. Uddeti were bringing a false charge against Munde, they thought that the articles were with Puran and Uddeti. They took Puran, Mt. Uddeti and Munde to the Khalyan of Kanhai outside the village on 12th May 1939 with a view to extract confessions from them. Puran and Uddeti were first made to stand with hands and feet outstretched wide apart for about half an hour or so outside the Khalyan and Parmanand and Ishwari Prasad kicked them on their