EX CT MAHADEV Vs. UOI

JUDGEMENT

(1.) THE petitioner, Ct.Mahadev, at the relevant time attached to the 131st Bn. BSF was charged as under:- THE accused No.89131037 Const.Mahadev, of 131 Bn. BSF is charged with: BSF ACT COMMITTING A CIVIL OFFENCE, THAT IS TO SAY SEC.48 MURDER, PUNISHABLE U/S 302 IPC In that he, In a rubber garden located between BP No.2007/S-3 and BP No.2008/MP in AOR of BOP Bamutia, on 05/06/1004 at about 08:15 hrs by firing shots from his INSAS Rifle bearing Butt No.503, Body No.16397/159 caused the death of a civilian namely Nandan Deb S/o Sh.Atinder Dev R/o Village-Rangotia, PS-Sidhal, Distt.-West Tripura and thereby committed murder.

(2.) THE petitioner has been held guilty and he has been sentenced to suffer imprisonment for life and has been dismissed from service.

(3.) IT is apparent that our job is limited. No procedural infirmities being alleged at the trial, the only limited issue which has to be decided by us is whether it is a case of no evidence or whether there is a material irregularity in the appreciation of evidence causing injustice i.e. to have a look at the evidence within the confines of our power under writ jurisdiction. Surely, we are not expected to sit as a Court of Appeal.