ANUP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The three appellants who have filed separate appeals were tried before a learned Magistrate for offences punishable under Sections 217,330 and 348/34, I.P.C., on the broad allegations that one Bhagwan Singh was confined by them in their police post from 30-8-1975 to 12-9-1975 and during this while he was caused various hurts in order to detect a crime of theft reported at the police station by one Prem Singh, having taken place in his village Shilla, of which the detainee was a suspect.

(3.) Anup Singh, appellant at the relevant time was the Assistant Sub-Inspector, in charge of the Police Post Kasumpti, close to Shimla. The other two appellants Sucha Singh and Raghubir Singh were constables attached at the said police post and were under the control of Anup Singh, ASI. The learned Magistrate convicted all the three appellants of the charges and instead of sentencing them ordered their release on probation under section 360, Cr. P.C. Respective appeals were filed by the appellants before the Court of Session. The Court of Session differed from the view of the trial Court in releasing the appellants on probation. The order of release was recalled and Raghubir Singh and Sucha Singh were variously sentenced under various counts of their conviction. Anup Singh, appellant, was, however, acquitted of the charge. The Court of Session took the view that since there was no positive evidence of Anup Singh, appellant, having taken any part either towards confining Bhagwan Singh or to have been privy to the beating caused to him, it was difficult on such findings to spell out the complicity of Anup Singh in the crime.