BUDH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal from an order of a learned Judge dated the 20th October, 1955, dismissing, a petition under Article 226 of the Constitution. The appellant was enlisted in the Police Force in the year 1944. In 1949 he was promoted as a Sub-Inspector, and in 1952 he was posted as a Sub-Inspector of Police at police station Panwari in the district of Hamirpur. On the 2nd March, 1953 he went with three armed constables to the neighbouring village of Nekpura, and while in or near that village he and the constables accompanying him came into conflict with a party of villagers as a result of which the police party received a number of injuries and six of the villagers were shot dead. Following upon this incident proceedings were taken against the appellant under Section 7 of the Police Act. On the 4th August, 1953, he was charged under that Section with being remiss or negligent in the discharge of his duty or unfit for the same in that he had -- (we summarise the particulars specified in the charge):

(2.) displayed at that village tactlessness and inexperience which gave rise to an ugly situation resulting in an armed clash between the police party and the villagers:

(3.) Committed an error in firing in the air as a result of which the villagers were provoked to a direct attack on the police party; and