RAGHUBIR SINGH Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) HAVING joined CRPF as a Constable in the year 1994, the petitioner was attached to the 55th Battalion of CRPF as on June 17, 1997, and was a part of Platoon No.8 of the Battalion, which was posted at Gorisagar Police Station for election duty.

(2.) IT is not in dispute that on June 17, 1997, the petitioner was assigned sentry duty at the back gate of Gorisagar Police Station. At around 19:40 hours, the sound of two gunshots were heard, accompanied almost immediately by cries for help from the petitioner, who was at the rear of the police station. On hearing the shots being fired, the entire platoon was alerted and HC Shiv Janam Singh was the first to arrive at the spot where the petitioner was found lying injured. Same was witnessed thereafter by Ct.G.Narasimhlu. The petitioner was found to be unconscious, in a wounded condition, with blood oozing from his chest. He was immediately administered first aid, following which, he was taken by some Unit Platoon Members to the Medical College Hospital, Dibrugarh for treatment. SLR 7.62 mm bearing distinctive Butt No. 215, Body No.CX-9922 issued to the petitioner for duty were taken into possession from the spot as also 3 magazines having 58 live rounds and 2 fired cartridges. The fired cartridges pertained to the two bullets which were fired from one of the three magazines issued to the petitioner from the SLR in question. FIR No.44/97 was lodged at PS Gorisagar for an offence punishable under Section 309 IPC because prima-facie facts supported the inference that the petitioner had fired at himself i.e. had attempted to commit suicide.

(3.) ON August 13, 1997 the Commandant of the Battalion issued a charge memorandum, alleging the following charge against the petitioner:-