Indian Kanoon - Search engine for Indian Law

10. Naik Govind Shah PW-4, deposed that on 08.07.1990 a tiff had taken place between him and the petitioner and they hurled abuses against each other. At about 09.45 P.M. Head Constable Rup Singh Bardloi informed him that the petitioner had fired three rounds from his service rifle at the deceased.

11. On 30.06.1992 the department examined two witnesses namely, Const.Virsa Torpo PW-6 and Const.Ram Lakhan PW-8.

12. Const.Virsa Torpo PW-6, deposed that on 08.07.1990 at around 09.30 P.M. the petitioner and Naik Govind Shah were arguing with each other and using indecent language. At that time the deceased came there and scolded Naik Govind Shah for using indecent language, which greatly infuriated the petitioner. Thereafter the petitioner and Naik Govind Shah went outside to eat food; the deceased followed them and also went outside. After sometime the petitioner went inside the camp and lay down on the bed. Naik Govind Shah went after the petitioner and counseled him to eat his food upon which both of them came outside. Immediately thereafter the petitioner went inside the camp and lay down on his bed. After sometime he went outside to answer the call of the nature. While he was coming back to his outpost he saw that the petitioner had loaded his rifle and that he was coming out of the camp. The petitioner met him and threatened him to get out of his way. Thereafter he went to the Guard Commander HC Rup Singh and apprised him with the aforesaid facts. In the meanwhile he heard a firing sound followed by the scream of the deceased. He informed HC Rup Singh who was wearing uniform at that time about the said fact. In the meanwhile, the second round was fired upon which he again went to HC Rup Singh to apprise him with the said fact but the door of the camp was shut. He opened the door and in the meanwhile third round was fired. After sometime Const.Ram Pratap, Naik Indresh Prasaad and Const.Ram Pratap apprehended the petitioner. That the petitioner did not have his service rifle in his hand when he was caught. On 09.07.1990 the officials of GRP Jalandhar came to the spot and seized the service rifle of the petitioner and some empty and live rounds from the spot. Be it noted here that the petitioner did not put any question to the witness during the cross-examination that someone else has used his rifle to murder the deceased.

16. Const.Ram Lakhan PW-7, deposed that on 08.07.1990 he was resting in the camp after finishing his duty when at around 08.30 P.M. he saw that the petitioner and Naik Govind Shah were drinking liquor and using indecent language against each other. The deceased objected to the use of abusive language by Naik Govind Shah, which greatly infuriated the petitioner. In the meantime he took his food and started eating on the bench kept outside the camp. While he was eating his food Govind Shah and the petitioner came there to eat their food but the petitioner did not finish his food and threw away his tiffin. In the meantime the deceased also came there and said that the petitioner is in habit of using abusive language upon which he counseled the deceased to remain calm. The petitioner threatened the deceased and hurled abuses at the deceased. Thereafter the petitioner went inside the camp and the deceased was present outside. He also went inside the camp and came back to the bench after sometime. At that time, Naik Indresh Prasad, Const. Ram Pratap and the deceased were sitting on the bench. In the meantime the petitioner fired a round from his service rifle at the deceased which hit the right knee of the deceased. Thereafter the petitioner fired two more shots which hit the stomach and left ear of the deceased. The deceased had screamed when the first bullet fired by the petitioner hit him. The petitioner left his service rifle near the bench and started running upon which he, Const. Ram Pratap and Indresh Prasad apprehended the petitioner and took him inside the camp. Upon receipt of the information of the incident of the murder of the deceased the officials of GRP Jalandhar came to the spot and seized the service rifle of the petitioner and three empty and five live rounds from the spot. Be it noted here that the petitioner did not put any question to the witness during the cross- examination that someone else has used his rifle for murdering the deceased.

17. Thereafter the petitioner did not appear before the Inquiry Officer and thus was proceeded ex-parte. Witnesses examined thereafter by the department, were not cross- examined by the petitioner, for the obvious reason he did not participate in the enquiry any further.

18. On 27.07.1992 the department examined three witnesses namely Naik Indresh Prasad PW-3, Const.Satpal Singh PW-5 and „Cook‟ B.B. Ghosh PW-9.

19. Indresh Prasad Yadav PW-3, deposed that on 08.07.1990 at around 09.20 P.M. he along with Const.Ram Pratap went to the mess to eat food. While he and Const.Ram Pratap were eating food in the mess he saw that the petitioner and Naik Govind Shah were drinking liquor on the bed of the petitioner and using abusive language towards each other. In the meantime the deceased came there and objected to the use of abusive language by Naik Govind Shah, which greatly infuriated the petitioner. Thereafter the petitioner went out in anger; Naik Govind Shah followed him and the deceased lay down on his bed. While he and Const.Ram Pratap were going out to wash utensils they saw that the petitioner and Naik Govind Shah were sitting on a bench. In the meantime the deceased came outside and sat on another bench and he and Const. Ram Pratap joined the deceased. While eating food the petitioner was hurling abuses at the deceased which was strongly objected by the deceased. In the meantime the petitioner went inside the camp and Naik Govind Shah followed him. After sometime Naik Govind Shah came out of the camp and sat on a bench. Few minutes thereafter after loading his rifle the petitioner came out of the camp and fired a shot. At that time they were sitting outside on a bench. The first shot fired by the petitioner hit on the right leg of the deceased upon which the deceased screamed. The petitioner fired second shot at the deceased which hit the right side of the stomach of the deceased. Thereafter the petitioner fired a third shot at the deceased from a close range. Upon firing of the third shot by the deceased they started running towards Nakodar. After sometime he saw that the petitioner was coming without rifle in his hand and that Const. Ram Pratap and Ram Lakhan had apprehended him and taken him inside the camp. On 09.07.1990 the officials of GRP Jalandhar came to the spot and seized the service rifle of the petitioner and three empty and five live rounds from the spot.

20. Const.Satpal Singh PW-5, deposed that on 08.07.1990 at about 09.30 P.M. he went to the mess for eating food. When he came back to the camp after washing his utensils he saw that the petitioner and Naik Govind Shah were drinking liquor and using abusive language against each other. He objected to the use of abusive language by the petitioner and Naik Govind Shah but they did not listen to him. Thereafter he went outside the camp to answer the call of nature and was smoking when he heard sound of firing of three shots. When he went inside the camp he heard Const.Virsa Torpo informing HC Rup Singh Bardloi that the petitioner had fired the shots. When he went outside he saw that Naik Indresh Prasad, Const. Ram Pratap and Const. Ram Lakhan had apprehended the petitioner. On 09.07.1990 the officials of GRP Jalandhar came to the spot and seized the service rifle of the petitioner and three empty and five live rounds from the spot.