ASHOK SINGH SIKARWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was sentenced to undergo life imprisonment under Section 46 of the BSF Act, 1968, which correspondents to Section 302 IPC. On 30th May, 2001 at about 635 hours, the ambush party came back to Border Out Post (hereinafter referred to as BOP) Kaijuri. Constable Ashok Singh Sikarwar, the petitioner/accused in this case, while returning from ambush duty met Constable Bishnu Pada, the deceased. They had conversation for a while. While talking to the deceased, the petitioner cocked his riffle, put the but on his shoulder and fired at the deceased. Thereafter, the accused continued firing indiscriminately, ran away towards the fence of the rear side of the BOP and fled away towards the jute fields. All the jawans including company commander came to the spot. Bishnu Pada was lying or the ground. L/NK Bhagwan Jha, L/Nk K.K. Chand, Constable Ram Prasad Mehta came towards Bishnu Pada and found that he was bleeding. He was removed to the Bashir Hospital, where he was declared dead. L/NK Bhagwan Jha PW1, Constable Nikam Gopal PW2, Constable Ram Prasad Mehta PW3, Head Constable Ishwar Singh, PW4, Head Constable Salim Khan, PW5, Sub S.K. Soren, PW6, Head Constable M.S. Rawat PW7, L/NK K.K. Chand PW8, AC Anil Sharma PW9 and Constable SI P.C. Biswas PW12 are all the eye witnesses. They have supported the prosecution case down the line. The petitioner has filed the instant writ petition with the following prayers :

(2.) THE respondents have contested the present writ petition.

(3.) THE learned counsel for the petitioner vehemently argued that the above said facts clearly go to reveal that this is a case of accident. He stressed that the petitioner had no intention to cause the death of the deceased. In this context our attention was drawn towards the Post-Mortem Report Annexure P2 which depicts.