SATYANARAYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner - original sole accused has preferred this petition, in the form of criminal appeal, for quashment of the impugned order dtd. 7/7/2025 passed by the Presiding Officer in a proceeding of the General Security Force Court under the BSF Act, 1968 , whereby the petitioner is convicted for the offence punishable under Sec. 302 of Indian Penal Code, 1860, which is confirmed by the Appellate Authority on 15/1/2007.

(2.) The charge framed by the concerned Court is that the th petitioner, at BOP Lakhpat, at about 23:30 hours on 6/10/2005, by firing shots from his SLR Butt No.314, Body No.DA 5110 at No.86076343 HC Mange Ram of the same unit, caused his death, thereby committed murder. Therefore, a complaint is lodged by the complainant with regard to the said incident before the Chowk Bazar Police Station, Surat, which was registered as C.R.-I No. 142 of 2000 for the offences under Ss. 302 , 307 , 324 , 143 , 147 , 148 , 149 , 337 and 427 of Indian Penal Code, 1860 and Sec. 135 of the Bombay Police Act.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the petitioner, charge came to be framed against him, by the Commandant 48 BN BSF vide order dtd. 3/6/2006. Accordingly, it is ordered by the Inspector General, FTR HQ BSF, Gujarat that the case is to be tried by a General Security Force Court on 13/6/2006.