( 1 ) THIS is an appeal by Matte from the judgment and decree against it passed by the Additional District Judge. Indore, in favour of the heirs and dependants of one lala Ramchandra who was killed by a shot alleged to have been fired by the police while controlling a riot on the 21st July, 1954. The trial Court has decreed Rs. 5,000 out of a claim of about Rs. 1,00. 000, Rs 4,000 out of which is attributable to the accident having rendered fee Lala's car unsaleable to others and unusable by the owners, and Its. 1. 000 to fee loss of the said Lala's guidance to one of his grandsons (plaintiff No. 4 Satyapal) whom the former was guiding in the day-today conduct of a business in the sale of spare parts.

( 2 ) THE central question for decision is whether on the assumption that the police officers entrusted with the quelling of the riots had actually fired the shot that killed the Lala, it was not a sovereign function of the State which they were exercising for which even on the basis of a tort there was no legal liability to pay damage? or compensation. The case law on this point is clear and fairly extensive and will be set out. Secondly, if the present case has features