TUNDA RAM DAGAR Vs. STATE

JUDGEMENT

(1.) APPELLANT Tunda Ram challenges the judgment dated 12.01.1998 and the order on sentence dated 15.01.1998, whereby he was held guilty of the commission of the offence punishable under Section 302 of the Indian Penal Code (� 1/2IPC� 1/2) and sentenced to undergo life imprisonment and to pay fine of Rs.1000.00. In default of payment of fine, the Appellant was sentenced to further undergo Rigorous Imprisonment for one month.

(2.) THIS is an unfortunate case where deceased Constable C.H. Demudu Babu met his death at the hands of his colleague Constable Tunda Ram Dagar (both working together in CISF) on a small issue of switching on/off the lights.

(3.) ON the next morning i.e. 14.07.1992 at about 4:32 A.M. the Appellant came to the Kot (arms store) for issuance of ammunition to him for his duty in � 1/2A� 1/2 shift. PW-11 accordingly issued to him one rifle 7.62 mm bolt action butt no.58 and 50 rounds of cartridges and made an entry Ex.PW-11/A, at Serial no.1 in the register. At about 4:45 A.M. on the same date, PW-2 Head Constable Mohd. Abdul Khawaja who used to stay in barrack No.3 (i.e. the same barrack in which the Appellant and the deceased had their cots adjacent to each other) while coming out of the barrack, to get ready for the shift duty commencing from 5:00 A.M., noticed the Appellant entering the barrack from the Eastern Gate, with a rifle in his hand. He saw the Appellant placing the barrel of his rifle on the left of the deceased� 1/2s chest and firing a bullet. Constable C.H. Demudu Babu (the deceased) screamed exclaiming the words � 1/2margaya � 1/2margaya� 1/2. The Appellant ran out from the same gate with his rifle. PW-2 and PW-1 ran out of the barrack from the middle gate and caught hold of the Appellant along with his rifle in the basket ball court just outside the barrack. Constable K.Y. Reddy (PW-7) and Constable L.M.V. Apparao (PW-6) lifted the injured. He, however, breathed his last before he could be taken to the hospital.