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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.

21. „Cook‟ B.B.Ghosh PW-9, deposed that on 08.07.1990 he had gone to the storeroom of the mess to get some food items when he saw that the petitioner and Naik Govind Shah were drinking liquor on the bed of the petitioner and using abusive language against each other. Ten minutes thereafter the deceased came there and objected to the use of abusive language by Naik Govind Shah, which greatly infuriated the petitioner. The deceased went outside and after sometime the petitioner and Naik Govind Shah also went outside. Around 09.35 P.M. the petitioner came in the camp and lay down on his bed. Thereafter he started eating his food. While he was eating his food he heard the sound of firing of a shot. He left his food and went in the camp. Few minutes thereafter he heard the sound of firing of two shots. He came out of the camp and was running towards public library when he was met by the petitioner. The petitioner told him that he would not harm him and handed his rifle to him. He handed over the said rifle to HC Rup Singh.