The revision petitioner was the Deputy Superintendent of Police, Armed Reserve, Palayamkottai. He was convicted under section 304-A, Indian Penal Code, and sentenced to undergo Rigorous Inprisonment for six months and to pay a fine of Rs. 1,000 and also under section 3 read with section 25 (1) (a) of Indian Arms Act and sentenced to pay a fine of Rs. 300, by the Sub-Divisional Magistrate, Tuticorin. The Sessions Judge, Tirunelveli, confirmed his conviction and sentence.

This is a very unfortunate case where a Police Constable doing duty at the Police Station was accidentally hit by a bullet fired by the petitioner,resulting in his death. Both the Courts have found that the death of the Constable was caused by the rash and negligent act of the petitioner. It was also found that he used a fire arm unauthorisedly.

The petitioner, during the relevant period, was the Deputy Superintendent of Police, Armed Reserved, Palayamkottai. On 16th December, 1966 he directed D.W. 1, the Additional Reserve Inspector, Armed Reserve to send for rifle from Tuticorin Police Station for the purpose of cleaning and zeroing. Accordingly, the latter sent the same. On 28th December, 1966, the petitione