DAYA RAM Vs. UOI

JUDGEMENT

(1.) Shorn of unnecessary details, the facts leading to the filing of the present petition are that the petitioner, employed as a Lance Naik with Border Security Force and attached to A? Coy of the 54 th Bn. was on duty at the Indo-Bangladesh border and deployed at BOP Lyngkhat on 09.03.2004.

(2.) On 09.03.2004 A? Coy was detailed to proceed for election duty in Manipur and thus was required to move from BOP Lyngkhat to Manipur. At about 07.20 P.M. Assistant Commandant Ravinder Thakur PW-15, Coy Commander of the 54 th Bn. was briefing the Coy personnel of A? Coy about the movement of A? Coy in the guest room of BOP Lyngkhat, when he heard the sound of firing from towards the road head towards BOP Lyngkhat (hereinafter referred to as the place of occurrence?) whereupon, accompanied by other officers, he proceeded towards the place of occurrence. While on his way to the place of occurrence, Assistant Commandant Ravinder Thakur learnt from some BSF personnel that the petitioner is firing indiscriminately from a rifle, and on reaching there he learnt that the petitioner had fled into the forest. Thereafter Assistant Commandant Ravinder Thakur conducted a search of the place of occurrence upon which he saw that Const.Gulam Mohinuddin Dar (herein after referred to as the deceased?), who was sleeping in a bus shed at the place of occurrence was hit by a bullet. The deceased was immediately removed to the hospital but his life could not be saved. In the meantime, Assistant Commandant Ravinder Thakur seized two empty magazines, 39 empty cartridges and 4 live rounds at the place of occurrence. A roll call was made and absence of the petitioner was recorded.

(3.) Assistant Commandant Ravinder Thakur immediately went to police station Pynursla, Shillong, and got lodged an FIR bearing No.4(3)04 for offences under Section 302 and 307 IPC pertaining to the incident in question.