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Keywords: Set Aside, Leave, Assault, Unnatural Lust, Prosecution, Restrictions, Disclose, Conviction, Investigation, Private Defence, Place, Exception, Magistrate, Defence, Examination Result: Appeal allowed JUDGMENT This appeal from the judgment of the learned Additional Sessions Judge, Hyderabad, convicting the appellant for an offence under section 304 (11), P. P. C. And sentencing him to undergo R. I. -for 10 years, arises in the following circumstances :- 1. The appellant and Ali Dad, since deceased, were Warders in Nara Jail. On the night of 14th June 1969, they were sleeping in the Bachelors Barrack. There were some other Warders sleeping at some distance. The prosecution story is that in the dead of the night, Alidad came to be murdered by the appellant by inflicting Danda blows. As a result of the commotion. The other warders reached the wardat, Alidad could not speak and when the Doctor was immediately summoned, he was found to be dead. The news was carried to the Superintendent of the Jail who gave a telephonic message to the police. Men a report was sent which reached the police authorities the next morning at about 8 a.m. 2. The appellant was apprehended at the spot and was produced before the police on their arrival. The S. H. O. Secured the blood-stained articles and prepared a mashirnama. The dead body was then sent for post -mortem examination. 3. As the appellant was willing to make a judicial confession, he was sent to the Ilaqa Magistrate, Hyderabad, where the confession was recorded. After due investigation, the case was sent up in Court. 4. The appellant in his statement at the Court of Inquiry as well at the trial maintained that on the night of the 12th of June 1.969, Alidad had beguiled him to the banana plantation in the backyard of the jail, and wanted to commit sodomy on him. Finding himself helpless, he had agreed to the proposal and even taken off bib shalwar. Finding an opportunity he however made good his escape and reached the barrack in that. Undressed state. He had reported the matter to the authorities also. On the night of the incident, he had gone to the place where Alidad was sleeping, to help himself with a glass of…

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