LAWS(SC)-1956-5-3

STATE OF PUNJAB Vs. KHARAITI LAL

Decided On May 08, 1956
STATE OF PUNJAB Appellant
V/S
KHARAITI LAL Respondents

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of a single Judge of the High Court of Judicature of Punjab at Simla in Criminal Revision No. 487 of 1953 dated 23-7-1953 acquitting the respondent, a constable in the police force of the State of an offence under S. 7 of the East Punjab Essential Services (Maintenance) Act, XIII of 1947 (which hereinafter will be referred to as "the Act"), for which he had been convicted by a Magistrate of the First Class at Dharamsala by his judgment dated 30-3-1953 and sentenced to 15 days' rigorous imprisonment which orders of conviction and sentence had been affirmed by the Sessions Judge of Hoshiarpur, Camp Dharamsala, by his judgment and order dated 17-4-1953.

(2.) The facts leading up to this appeal may shortly be stated. The respondent was prosecuted on a complaint filed by the Superintendent of Police, Kangra District, in the Court of the Ilaqa Magistrate, Dharamsala, District Kangra, for an offence under S. 7 of the Act. The allegations against the respondent were that he joined the Police Department as a constable in Jullunder District in 1947 that in December 1952 he was transferred from Jullundur District to Kangra District and posted to Police Lines, Kangra, as a constable on general duty at Seraj police station; that in January 1953 he came to Police Lines, Dharamsala for monthly training (refresher course), that on 2-2-1953 at the time of roll call at 7 p.m. the appellant was assigned the duty as sentry No. 1 without rifile behind the Police Lines Armoury, Dharamsala, from 9 p.m. to 11 p.m. The respondent though informed of the assignment of the aforesaid duty to him, refused to obey that order or to perform any other duty in the Lines. Thereupon his name was struck off from the Duty Roster and another foot constable was duly placed in that post of duty. On the night between the 2nd and 3rd February 1953 at 11.30 p.m. a surprise roll call of the employees of the Police Lines was duly made by means of an alarm sounded with a bugle which was blown continuously for about 15 minutes. The respondent was found absent on such a roll call and another constable was deputed to search for the respondent but he could not be found. He appeared the next morning at about 9-30 a.m. after remaining absent from the Police Lines without offering any explanation for his unauthorised absence. The gravamen of the charge as laid in the petition of complaint was that he refused to carry out the order of his superior officer who had assigned a duty to him and that he remained absent from his official duty in the Police Lines without obtaining permission and without any cogent reasons, from 11.30 p.m. on 2-2-1953 till 9-30 a.m. on the day following. Thus he was said to have committed an offence under S. 7 of the Act.

(3.) On those allegations the respondent was placed on his trial before the Magistrate of the First Class Dharamsala. After recording the prosecution evidence the learned Magistrate framed a charge under S. 7 of the Act under two heads, firstly, that he had on 2-2-1953 at Dharamsala as a foot constable in the police force of the Kangra District had disobeyed the lawful orders given by a superior officer who had assigned to him a duty as such foot constable of a sentry without rifle in the rear of the armoury in the Police Lines from 9 p.m. to 11 p.m. and, secondly, that on the same date and at the same place he had absented himself from duty as a foot constable without reasonable excuse and had thus remained absent from 11-30 p.m. on 2-2-1953 to 9-30 a.m. of the following day.