MADAN SINGH BISHTA Vs. UOI

JUDGEMENT

(1.) THE charge at which petitioner, working as a Constable with BSF, was tried at a General Security Force Court was for having committed an offence punishable under Section 302 IPC, in that, near village Thana Basti, PS: Khowai, District Tripura (West) on June 25, 1999 around 19:30 hours he caused the death of Sh.Lalit Deb Barma by firing a shot from his 7.62 mm SLR Butt No.325, Registration No.BC -9989.

(2.) THE finding of the Court is that the petitioner was guilty of culpable homicide not amounting to murder punishable under Section 304 Part I IPC and the sentence imposed is to undergo RI for 10 years and being dismissed from service.

(3.) AT the trial the petitioner did not dispute the homicidal death of Lalit Dev Barma. As per him the deceased died when, armed with a Dah (Chopper), he assaulted the petitioner who was on patrol duty; the petitioner warded off the attack by using his SLR as a shield; the deceased tried to snatch his SLR and the petitioner was constrained to fire one shot in self defence.