GANESH PANDURANG Vs. STATE

JUDGEMENT

(1.) GANESH Pandurang a Constable of CRPF, 73 Battalion is convicted of the murder of his colleague while being posted as Guard at 6, Akbar Road, New Delhi vide impugned judgment dated August 12, 2010 on the strength of witnesses in and outside the place of incident and the bullets being fired from his service rifle. Vide the impugned order dated August 18, 2010, he has been directed to undergo imprisonment for life and to pay a fine of Rs.1000/ - and in default of payment of fine to undergo rigorous imprisonment for 1 year.

(2.) GANESH Pandurang assails the judgment on the ground that he was not provided legal aid and the trial was conduced at a time when he was not mentally fit to undergo the trial. He also pleads that the reliance of the learned Trial Court on the testimony of PW -3 Constable Munesh Vaish is unwarranted as admittedly he was not an eye -witness and woke up only after the firearms were shot. No finger prints were lifted from the weapon of offence. The missing links in the chain of events have not been proved hence he is entitled to acquittal.

(3.) THE investigation into the case was set into motion on receipt of DD No. 2A Ex.PW -7/A at 7.25 AM on August 18, 2005 at Police Station Tuglak Road through the PCR that a Head Constable has been fired upon by a Constable in the Guard room at Daya Nidhi Maran 's place. SI Sanjeev Kumar PW -19 along with Constable Babu Ram reached the spot. In the meantime PW -18 Inspector Ravinder Kumar, Additional SHO Tuglak Road also reached the spot and recorded rukka Ex.PW -18/C on DD No. 2A and got registered the FIR. HC Suresh Kumar Dogra (hereinafter referred to as deceased) of the 73rd Battalion CRPF had already been taken to the RML hospital by the PCR. The Police found blood on the floor of the Guard room where the incident took place. A black colour blanket was spread on a cot where the deceased while lying on the cot had been shot with the bullets and had been taken to the hospital along with the Dari. On another cot by the side of the first cot was lying rifle make Insas 5.56 and some empty holes of bullets on the cot and the floor. Crime team and photographer were called. The deceased was reported to be brought dead.