BABUSINGH Vs. STATE OF M P

JUDGEMENT

(1.) This order shall also dispose of the Criminal Revision No. 312 of 1983 (Chhotelal v. Babusingh), which is for enhancement of sentence.

(2.) Circumstances giving rise to the revision petitions are these. It is not in dispute that the petitioner Babusingh was, at the relevant time, posted as Head Constable at the police out-pose Compel and Constable Chhotelal (petitioner in Criminal Revision No. 312/83) was posted qllder him. During the night between 25.12.77 and 26.12.77 Chhotelal was the only police constable available on duty and was allotted the duty of village Gast by the petitioner. In his turn Chhotelal, stating that he would do the duty, protested against being allotted difficult duties. On being told by the petitioner, that he would see that The is dismissed, Chhotelal had retorted by saying that he should mind that he himself was not dismissed. This led to an altercation and scuffle resulting in the fracture of Chhotelals hip joint.

(3.) The occurrence was reported to the police on 27.12.77 and a crime was registered.