SURAT SINGH Vs. STATE

JUDGEMENT

(1.) Lance Naik Surat Singh has preferred the present appeal against the order of conviction passed against him by the Additional Sessions Judge in Sessions Case No.42/88. The Additional Sessions Judge has found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and has sentenced him to suffer imprisonment for life and pay a fine of Rs. 1,000.00 and in default to suffer S.I. for six months.

(2.) Appellant Surat Singh was working as a Lance Naik in D.A.C. Platoon, Central Vehicle Depot, Delhi Cantonment. On the date of incident, i.e. 23.10.1984, appellant; Public Witness/23 Lance Naik Bala Sahai; and Public Witness/25 Sepoy Dewan Singh were on sentry duty on the main gate of Central Vehicle Depot, Delhi Cantonment. As per the rule, a sentry was to perform the duty for two hours and they were performing their duty in rotation. Public Witness/23 Lance Naik Bala Sahai was on duty between 6.00 pm. to 8.00 pm. Appellant Surat Singh was to take over the guard duty from him at 8.00 pm. and was to be on duty between 8.00 pm. and 10.00 pm. Deceased Barpoor Singh was also on duty at the gate and his duty was to search the vehicles passing from the main gate. His duty hours were also from 6.00 pm. to 8.00 pm. at the main gate of Central Vehicle Depot (CVD).

(3.) Since the appellant had to report for duty at 8.00 pm. he had gone to the Guard Room by about 7.25 pm. and had taken his rifle from there. At about 7.30 pm. or thereabout Lance Naik Bala Sahai, Public Witness/23, had sudden pain in his stomach and he urgently wanted to go to latrine. He, therefore, came to the Guard Room and told Guard Commander Udai Singh. At that time appellant Surat singh went on duty as Public Witness/23 Lance Naik Bala Sahai had gone to the latrine. First informant Lance Naik Kamal Prasad Singh and Public Witness/24 Sepoy D.N. Ram, Driver, were told by Subedaar Dharam singh to go to the J.C.O. mess and to bring his bedding and food and they had boarded the vehicle. At that time Barpoor Singh, who had his back towards the present appellant, was shot at by the appellant by his rifle. Barpoor Singh fell with his face on the ground. Thereafter, appellant Surat Singh, holding his rifle in his hands, went towards the Guard Room. Subedaar Dharam Singh and an Orderly Officer Inder Prakash were informed. They came out and Orderly Officer Inder Prakash addressed to the present appellant Surat Singh "Beta Jo Kuch Hona Tha Ho Gaya Ab Rifle De Do". Thereupon appellant handed over the rifle alongwith the charger and five rounds of cartridges to Subedaar Dharam Singh. Thereafter, Dharam Singh questioned appellant as to what he had done to which appellant had replied that he fired the shot at Bharpoor Singh because those days Barpoor Singh was thirsty of his life. Thereafter, the appellant was detained by his superiors and the police of Delhi Candonment Police Station were informed by Lance Naik Kamal Prasad singh by giving his First Information Report which was registered at CR No.400. The appellant was arrested and on completion of necessary investigation the charge sheet was filed against him in the Court.