VIJAY PRASAD PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner came to this Court challenging the order dated 30.10.1989 passed by the Senior Superintendent of Police, Varanasi (Annexurc-2 to the writ petition) terminating the service of the petitioner. Facts involved are that the petitioner while he was a civil police constable was involved in a criminal case under Sections 302/34 and 323/34. I.P.C., when the first information report was lodged on 5.3.1983 relating to an occurrence taking place at 8 a.m. on 5.3.1983. The petitioner along with his nephew, brother and another were named in the first information report as accused persons. Resulting Sessions Trial No. 176 of 1983 led to suspension of the petitioner on 6.3.1983 under para 496 of the Police Regulations. By judgment dated 28.9.1985 in the said sessions trial, the petitioner was convicted under Section 302 read with Section 34 and Section 323 read with Section 34 of the Indian Penal Code and was sentenced to imprisonment for life under Section 302 read with Section 34, I.P.C. and to rigorous imprisonment for six months under Section 323 read with Section 34, I.P.C. directing both the sentences to run concurrently. Petitioner preferred Appeal No. 2606 of 1985 before this Court challenging the judgment. The appeal was admitted on 30.9.1985 and on the same day, the petitioner was ordered to be released on bail.

(2.) The Senior Superintendent of Police. Varanasi passed order dated 30.10.1989 terminating the service of the petitioner on the ground of his conviction in the sessions trial (Annexure-2 to the writ petition).

(3.) Respondents filed counter-affidavit denying the claim of the petitioner though facts have not been disputed. Petitioner filed rejoinder-affidavit.