MAHIPAL SINGH RAGHAV Vs. UOI

JUDGEMENT

(1.) THE petitioner Mahipal Singh Raghav was enrolled as a Constable with BSF in the year 1988. In the year 2002 he was attached with the 67th Bn.BSF which was deployed at BOP Natwartola at Indo -Bangladesh border. While on duty with Late Ct.L.Balakrishnan, the petitioner admittedly shot Late Ct.Balakrishnan who died.

(2.) THE matter needed an investigation. Complying with the provisions of the BSF Act 1968, Commandant Ajaib Singh ordered Record of Evidence to be prepared on 4.5.2002. He further ordered an Additional Record of Evidence to be prepared 14.06.2002. On the scrutiny of the Record of Evidence and Additional Record of Evidence he framed a charge under Section 46 of the BSF Act against the petitioner as under: - "BSF ACT SEC -46 COMMITING A CIVIL OFFENCE THAT IS TO SAY CAUSING DEATH BY A RASH OR NEGLIGENT ACT NOT AMOUNTING TO CULPABALE HOMICIDE PUNISHABLE U/S 304A IPC In that he, Near OP point No.1 of BOP Natwartola on 29th April 2002 at about 1900 hrs by rashly or negligently firing from 7.62 mm SLR Butt No.289 Body No.DH -6819 caused the death of No. 92009255 Const.M.Balakrishnan of the same unit.

(3.) 13 prosecution witnesses and 1 defence witness was examined at the trial.