Indian Kanoon - Search engine for Indian Law

1. On January 22, 1997 a charge memo was served upon the petitioner and as per Annexure-I to the memorandum, two charges were listed. Charge No.1 was of remaining absent from duty without permission when deployed at the „C‟ shift on November 10, 1996 at 21:00 hrs. till 05:00 hrs. on November 11, 1996. The second charge was of visiting the family quarter of Ct.Sanjay Kumar at about 19:00 hrs. on November 10, 1996 and under influence of alcohol, joined in the assault by Ct.Sanjay Kumar, having beaten Nk.Devi Singh. As per Annexure-II the statement of imputation pertaining to the two charges was listed as per which Quarter No.A-4/5 was allotted to Ct.Sanjay Kumar and Quarter No.A-4/6 was allotted to Nk.Devi Singh. Under the influence of alcohol the petitioner and Ct.Sanjay Kumar quarrelled, abused and then assaulted Nk.Devi Singh. HC Dvr.Jitender Singh and L/Nk.Ramesh Chand and Ct.Raghunath Singh rescued Nk.Devi Singh. Soon thereafter petitioner was found fallen on the ground. He was rushed to the hospital where petitioner was admitted under influence of alcohol. As per Annexure-III, the list of documents on which the prosecution wanted to prove the charge were listed and as per Annexure-IV the names of the witnesses proposed to be examined were listed.

3. At the inquiry eight witnesses were examined and suffice would it be for us to note that Nk.Devi Singh DW-8, narrated a detailed account of the incident. He stated that it was the festival of Deepawali on the day of the incident and after worshipping Goddess Laxmi he heard the door of his house being kicked. His wife went out to find out who the person was. Wife of Ct.Sanjay Kumar told that her husband and the petitioner had consumed alcohol and the petitioner had kicked the door of their house. She apologised and said that she would not permit them, and by which we understand her husband and the petitioner, not to repeat the offending act. He i.e. Nk.Devi Singh started taking food. He once again heard the door of his house being kicked and this time he himself opened the door. Petitioner and Ct.Sanjay Kumar were seen by him outside. He questioned as to who kicked the door of his house. Ct.Sanjay Kumar pointed out towards the petitioner. At that the petitioner caught him by his neck and threw him on the floor. His four minor children rushed to save him at which Ct.Sanjay Kumar pounced upon him and the petitioner caught his wife and boxed her. His four minor children aged between 5 years and 12 years cried. HC Dvr.Jitender Singh reached and finding an opportunity his daughter went to summon rescue. L/Nk.Ramesh Chand and Ct.Raghunath Singh came and saved him. He thought that the incident was over. His children went to the roof but immediately yelled to him informing that the petitioner, with a knife in his hand, was trying to reach the roof. He saw the petitioner abusing his family with a knife in his hand and was threatening to wipe out his family. The petitioner was attempting to climb up from the pipe at the rear of the quarters. People gathered. Petitioner jumped from near the balcony. He passed on the information to Assistant Commandant.

4. We note that HC Dvr. Jitender Singh, L/Nk.Ramesh Chand, Ct.Raghunath Singh, who appeared as PW-2, PW-4 and PW-6 have corroborated the testimony of Nk.Devi Singh.

5. ASI Mohammad Noor PW-1, has deposed that when he was sitting in the reception room at about 20:45 hrs. he was informed that there was a quarrel in the family quarters and as he left he was informed that the quarrel had taken place at the quarter of Nk.Devi Singh. He reached there and learnt that the petitioner had fallen from the roof and had been removed to the hospital. Since it was pointed out by learned counsel for the petitioner we may note that only one witness i.e. washerman Suresh has deposed at variance and somewhat in line with the version spoken of by the petitioner by way of his statement in defence.