SUKHWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ under Article 226 of the Constitution of India has been filed by one Sukhwinder Kumar, a Constable in Border Security Force, with a prayer that a writ, order or direction in the nature of certiorari be issued quashing all the proceedings of a trial against him with all the consequential benefits.

(2.) The facts leading to the filing of this writ petition are as under : The petitioner was employed as Constable in the Border Security Force in the year 1986. He was transferred as Constable Driver in the Border Security Force Workshop at Baramulla in the State of Jammu and Kashmir in the year 1991. Thereafter one Subedar (Inspector) Ganga Ram Dogra joined as In-charge of that workshop -In the night of 13th December, 1991 the said Inspector Ganga Ram Dogra was fatally shot at in the premises of that workshop. Fact finding Court of Enquiry was conducted arid thereafter a General Security Force Court was convened at Baramulla to try the petitioner for allegedly committing murder of said Ganga Ram Dogra. That Court was convened by the Inspector General, Border Security Force, Kashmir Front. After trial, the petitioner, on conviction, has been sentenced to life imprisonment and dismissal from service by Court order dated 20.11.1992. The findings and sentence of the General Security Force Court have been confirmed by the Appropriate Authority as required under the Border Security Force Act, 1968.

(3.) The case of the presentation in the aforesaid trial was that on the fateful day, the petitioner had returned to Baramulla from temporary duty and' was consuming Rum in his barrack alongwith Sub-Inspector Dayal Singh and Head Constable Kesar Singh. At about 8.30 p.m. the deceased came there. The petitioner offered him Rum but the deceased declined to take, which irritated the petitioner. Thereafter at about 11.15 p.m. the deceased alongwith Sub-Inspector Dayal Singh and HC Kesar Singh left the barrack. The accused followed them and fired three shots one of which hit the deceased, who succumbed to the injury shortly thereafter. The accused surrendered before the DIG, S.S. Butar, in that very night at 2.15 a.m.