MURTAZA ALI Vs. STATE

JUDGEMENT

(1.) THE Applicant was convicted by a Magistrate First Class, Varanasi, Under Section 41(5) of the Defence of India Rules and sentenced to one year's rigorous imprisonment and also Under Section 29 of the Police Act and sentenced to one month's rigorous imprisonment and Under Section 409 IPC and sentenced to a fine of Rs. 100/ -, in default of payment of fine to undergo further rigorous imprisonment for one month. His conviction and sentences were affirmed in appeal by the Sessions Judge, Varanasi. Hence this revision.

(2.) THE charge against the Applicant was that he being a constable and posted on duty in Company of V Battalion PAC, Ramnagar, Varanasi, incited the members of the PAC to abstain from PAG duties as they had not filled up the bond making it obligatory for them to serve as members of the PAC. The further charge was that being a police constable posted on duty in the aforesaid PAC Battalion he had committed wilful breach of the lawful orders of the Assistant Commandant of the Battalion by flouting the punishment, inasmuch as he absented himself from duty on 20 -9 -1965 and thereby committed an offence punishable Under Section 29 of the Police Act. He was also charged with having withdrawn from his duty without permission or leave on 22 -9 -1965 and thereby made himself liable for punishment Under Section 29 of the Police Act. There was also a charge against him that he had taken away certain articles belonging to the Police Department and had rendered himself liable for an offence Under Section 409 IPC.

(3.) THE trial court believed the prosecution evidence and convicted and sentenced the Applicant.