DINKARRAO GANGARAM NAJGARH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS second appeal has been referred to us on account of conflict of decisions by this Court on the interpretation of the provisions of Article 311 (1) of the constitution of India. The order of reference reads as follows:

(2.) BEFORE embarking upon the consideration of the points of law arising in the case we think it proper to give a brief resume of facts.

(3.) THE plaintiff-appellant Dinkarrao (to be referred to hereafter as appellant)was Sub-Inspector of Police in the service of the State of Madhya Pradesh. A criminal case under Sections 330 and 331, I. P. C. was instituted against the appellant, as a result of which he was convicted under Section 323, I. P. C. by the trial Court on 26-2-54 and sentenced to pay a fine of Rs. 200. Aggrieved by the acquittal of the appellant under Sections 330 and 331, I. P. C. the State of madhya Pradesh filed appeal in the High Court and the same was allowed on 611-57. The High Court convicted the appellant under Section 330, I. P. C. and sentenced him to 3 months' rigorous imprisonment in addition to fine of Rs. 200. As a result of the conviction of the appellant by the Eight Court under section 330, I. P. C. the Superintendent of Police, Guna, suspended the appellant with effect from 6-11-57. The appellant served out the sentence awarded to him by the High Court end was released from jail on 6-2-58. Thereafter, the inspector-General of Police M. P. dismissed the appellant on 24-4-58 with effect from 6-11-57, the date of his conviction by the High Court.