Mitter and Maclean, JJ.@mdashThe Petitioner, a constable, obtained a month�s leave, but failed to join his post at the expiration of that time. For this omission on his part he has been committed u/s 29, Act. V of 1861, and sentenced to two months'' rigorous imprisonment.
2. We think the conviction is bad, because his failure to resume his duty on the expiration of the leave, does not, in our. opinion constitute an offence under the aforesaid section.
3. The conviction is therefore set aside.
