- (1.) Leave granted. In this case the appellant stands charged under section 302, I.P.C. It is described to be a lock up murder case in which the Sub-Inspector is alleged to have beaten a prisoner to death for the purpose of extracting a confession. Learned Counsel for the appellant contended that even if the entire allegations could be taken as proved, the offence cannot go beyond section 304, Part I of the I.P.C. in view of the Exception No. 3 contained under section 300 of the I.P.C.
(2.) While refraining from expression out final view on the matter, we say that the point raised is certainly worthy to be considered by the Court.
(3.) We, therefore, order the appellant Sub-Inspector to be released on bail on his executing a bond in a sum of Rs. 25,000/- with two solvent sureties to the satisfaction of the trial Judge. The criminal appeal is disposed of. Appeal disposed of.;