BHUPENDRASINH A CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) One armed constable of Special Reserved Police (SRP) shot at his immediate superior (Head Constable) while the latter was perambulating around Khampla Dam site (in Gujarat State) during dusk hours of a coudy day in July 1983. The victim died on the spot. Appellant was charged and tried for murder, but the trial Judge entertained doubt about his complicity and acquitted him. However, a Division Bench of the High Court of Gujarat, while re-appraising the whole evidence on an appeal filed by the State, felt no speck of doubt that it was a cold-blooded murder perpetrated by the appellant. Accordingly, the acquittal was reversed and the appellant was sentenced to imprisonment for life. Appellant thus became entitled to file his appeal, as of right, under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

(2.) The victim of the gun shot was Ukadbhai Radvabhai, Head Constable of S. R. P. who was posted along with other police personnel at Khampla Dam site which was then in danger on account of heavy rainfall. Appellant was allotted to the same platoon and was placed below the deceased. Some skirmishes developed and deceased had taken the appellant to task on the ground of dereliction in the discharge of the work allotted to him.

(3.) Prosecution case is that appellant was of a truculent temperament and as he did not lightly take the diatribe hurled against him by the deceased he was groping for a suitable opportunity to retaliate. On the evening of 2-7-1983 he noted the appellant walking near the tower of the Dam. He aimed his rifle at the deceased and pumped four bullets into his vital parts which caused his end in a trice.