P.N.GOEL, J. - (1.) BHAGWAN Ram Tamta has been convicted under Sec ­tions 342 and 218, I.P.C. Lila Singh has been convicted under Section 342, I.P.C.
(2.) ON August 5, 1973 Bhagwan Ram Tamta, appellant was attached to police station Kashipur as Sub -Inspector. Lila Singh was attached as constable. In connection with the investigation of an offence under Section 436, I. P. C, the ap ­pellants left the police station in a police jeep. When they returned to the police station, they got an entry made in the general diary in which it was in ­dicated in what manner the investiga ­tion for the offence under Section 436, I.P.C, was conducted. On August 6, 1973 dead body of one Roshan was found on the road. Sri Jaipal Singh, Station Officer, Kashipur, P.W. 14. came to know that Roshan died in police custody. Thereupon the body was sent for post -mortem examination, Dr. N.C. Pandey, P.W. 10, held autopsy on the dead body on August 7, 1973 at 8.15 A.M. 6 ante -mortem injuries were found. One of the injuries was on the scalp. In the opinion of Dr. Pandey, Roshan died of head injury.
(3.) THE case of the prosecution is that Bhagwan Ram Tamta and Lila Singh had illegally arrested Roshan and that they did not mention this fact in the general diary. In all 15 witnesses were examined before the First Additional Sessions Judge, Kumaun (Nainital). The Addi ­tional Sessions Judge found that the witnesses were not prepared to speak due to police pressure. On the basis of the statements recorded under Section 161, Cr.P.C., the Additional Sessions Judge convicted the appellants. ;