MAHESH PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application by the petitioner/applicant seeking stay of his order of conviction and sentence and confirmation of sentence and for suspension of his sentence and for releasing him on bail. The petitioner/applicant, accused Constable Mahesh Prasad Singh having no. 860650036 of 115 Bn was found guilty of charge u/s 46 of BSF Act punishable u/s 302 of IPC. Pursuant to incident FIR No. 13/2004 dated 16.2.2004 PS. Hilli, Dist South Dinajpur on the complaint of Shri Sachindra Nath Mahato s/o BAidyanath Mahto, Village Lakma PO Jamalpur PS Hilli, Distt. South Dinajpur was registered.

(2.) THE petitioner had served for more than 19 years as a constable. In February, 2004 he was posted at BOP, Mathurapur, West Bengal. THE petitioner was charged under Section 46 of the BSF Act r/w Section 302 of IPC alleging that on 16th February, 2004 at OP Point Ex. BOP Mathurapur he fired a shot from his INSAS Rifle which resulted in the death of Smt. Lili Mahato.

(3.) THE respondents, while convicting and sentencing the petitioner believed the testimony of Sitesh Mahato, PW-5 and Sarvopiya Mahato, PW-4 that hot arguments/altercation took place between the deceased whereafter the petitioner had fired one round from his personal weapon to finish the altercation/arguments. THE respondents disbelieved the version of the petitioner that Bangladeshi man had entered into Indian territory for exchanging packets and when the intruder was asked to stop and he did not stop single shot was fired at the intruder, however, the deceased came in between and got the bullet wound and bled to death on account medical help being not given to him and for corroboration relied on the testimony of PW-1, PW-2, PW-6 and PW-11. THE respondents also held that though no motive for commission of offence has been established but there is cogent evidence that the petitioner fired at Smt. Lili Mahato to finish her arguments which proved fatal to her and thus convicted the petitioner and sentenced him to undergo life imprisonment.