RAMBIR SINGH Vs. UOI

JUDGEMENT

(1.) IT is the common case of the petitioner and the respondents that one round of bullet was fired from within the precincts of the barrack at BOP Karol Krishna at about 20:45 hours on 10.5.1997. IT was alleged that the petitioner was the culprit. The incident was reported and taking cognizance of the offence report and hearing the petitioner the Commandant of the Unit framed a charge and deputed Record of Evidence to be prepared. During Record of Evidence 8 witnesses were examined and needless to state petitioner was given an opportunity to cross-examine the witnesses but the petitioner did not cross-examined any.

(2.) CONSIDERING the Record of Evidence the Commandant decided to try the petitioner at a Summary Security Force Court and thus trial was ordered.

(3.) AT the trial testimony of 8 witnesses was recorded. SI L.M.Patel deposed that he was the Post Commander of BOP Karol Krishna since 3.5.1997 and that the petitioner had been performing duties at BOP in question since the time he took over the BOP as In-charge thereof. That he i.e. SI L.M.Patel was present at the BOP on 10.5.1997 and had detailed petitioner, Ct.P.K.Biswas and Ct.Dilbagh Singh for duties at Naka No.3 and about 20:25 hours Ct.P.K.Biswas came to him and informed that while he was ready for Naka duty, petitioner and Ct.Dilbagh Singh were not ready. Since he i.e. SI L.M.Patel was having dinner he told Ct.P.K.Biswas to wait for few minutes as he would look into the matter after finishing dinner but since he heard a sound of a round being fired, he went towards the place wherefrom sound of fire had been heard and made enquiries. Petitioner and Ct.Dilbagh Singh were sitting on a cot with rifles in their hands and upon his asking as to who had fired, both feigned ignorance by stating: Where has the firing taken place? He checked their rifles and upon smelling detected smell of gun powder/explosive in the barrel of the rifle of the petitioner and found the barrel to be hot. He checked the butt number of the rifle and once again asked who had fired to which both replied that nothing had happened. He checked the chamber of the rifles of both petitioner and Ct.Dilbagh Singh and found one round in the chamber of the rifle butt of the petitioner. He took both rifles in his possession and deposited the two in the `kote' i.e. company arsenal without removing the live round from the chamber. That when he was checking the rifles of the petitioner and Ct.Dilbagh Singh, Ct.Shilke, Ct.Sunil Kumar and Ct.Biswas were present in the barracks. That the barrack was lit by electricity when he was doing the aforesaid and that while carrying out the aforenoted activities he could detect smell of liquor in the breath of petitioner and Ct.Dilbagh Singh. Thereafter he informed the Coy Commander about the incident which probably took place around 20:30 hours or so. Coy Commander Sh.O.P.Ahlawat reached the BOP at about 20:45 hours. The rifle butt of the petitioner was taken out from the `kote' and in presence of Sh.O.P.Ahlawat live round was reaffirmed to be present in the chamber with 19 rounds in the magazine which was fitted on the rifle butt issued to the petitioner. Besides this, 40 rounds were recovered from the bed of the petitioner and 2 magazines having 20 rounds each were recovered from the handolier of the petitioner. The lot of 100 rounds of 7.62 mm ammunitions were thus accounted for by the petitioner but it was noted that they pertained to lot No.OFV 90. That at the BOP ammunition issued was of lot No.OFV 90. Thereafter O.P.Ahlawat took away both petitioner and Ct.Dilbagh Singh. He searched for the empty fired case and recovered one about 100 yards from the barrack and on checking he noted that the same pertained to lot `OFV 84' (The witness produced the exhibit which stands recorded as being verified by the Court).