RAGHUVEER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal preferred u/s. 374(2) Cr.P.C . assails the judgment dated 07.09.1999 passed in S.T. No. 338/1997 rendered by 4th Additional Sessions Judge, Gwalior whereby the trial Court has convicted the appellant Raghuveer Singh as detailed in the following table :- <FRM>JUDGEMENT_61_LAWS(MPH)1_2018.html</FRM>

(2.) The appellant herein has been convicted for the charge of murder of Constable Tej Singh and for injuring one D.B. Shahi in an incident which took place during the night intervening of 10 th and 11th November, 1996 when the appellant was serving as Constable and was posted at Defence Research and Development Establishment at Gwalior( for brevity D.R.D.E.).

(3.) The appellant was deputed on night duty along with Constable Tej Singh (deceased) and Constable D.B. Shahi (injured). During the night intervening 10th and 11th November, 1996 all the three persons were deputed for night duty on different points within the D.R.D.E. campus. The appellant was in possession of rifle Butt No.7. Duty hours of the appellants were from 8 pm to 10 pm whereafter the appellant was supposed to handover the charge of night duty to Constable Sunder Singh. Constable D.B. Shahi was deputed at the armory ( Kot), in similar fashion, Constable D.B. Shahi, and deceased Constable Tej Singh were to be replaced by Constable Munshi Ram and Nayak Kapil Dev respectively. At about 2:30 am in the night intervening 10th and 11th November, 1996 Lans Nayak Jai Bhagwan woke up Guard Commander Hari Singh and told him that there is no one on Kot Duty which fact was found to be true when the Guard Commander came out and inspected the area. At that point of time, Constable deceased Tej Singh and D.B. Shahi and present appellant Constable Raghuveer Singh were absent. Search was carried out for these missing persons. Constable D.B. Shahi was found in injured state lying unconscious in a drain with head injury. Said D.B. Shahi was admitted to the Military Hospital for treatment. Vide Ex.P-4 Platoon Commander Daniram reported the matter to S.H.O. Police Station University, Gwalior mentioning the above incident and also informed that the lock of the armory ( Kot) was found broken and four Sten Carbines, four empty magazines of Carbines and 280 live rounds of 9 mm cartridges were missing. Constable Tej Singh and appellant along with their weapon were missing. Crime No. 109/1996 was registered under Sec. 394 IPC . Investigating officer reached the spot and prepared the spot map Ex.P-1. After searching the area in close vicinity to the armory within the campus of D.R.D.E., dead body of Tej Singh was found lying next to the building of Analytical Service Wing. The dead body was recognized by Daniram. Rifle close to the dead body was found along with empty magazine. Some blood on the road was also found. Inquest was registered and the witnesses were called to identify the dead body and the injuries sustained on the same. Witnesses found that the there was injury on the head of deceased Tej Singh which appeared to be the cause of death. Postmortem was conducted and memo in that regard Ex.P-3 was prepared. Seizure of all the necessary articles including the monkey cap near the canteen was made. Clothes of the dead body of the deceased were sent for chemical examination at forensic lab at Gwalior. Statements of witnesses were recorded. Accused being absconding, was shown as such in the charge sheet which was filed invoking Sec. 299 of Cr.P.C . by alleging offences 302, 307, 394, 397 IPC . On 11.11.1996 live cartridges and carbine being in unlawful possession of the appellant were recovered by police at P.S. Pillu Kheda, District Jind, Haryana leading to registration of F.I.R. Ex.P-15 alleging offences punishable u/s 25 of the Arms Act . On receiving this information, Police Station University sent their personnel to District Jind ( Haryana) and formally apprehended the appellant vide arrest memo Ex.P-14. While bringing the appellant back from Jind Harayana, appellant fled from captivity as a result of which supplementary charge sheet was filed against him by showing him as absconding. Thereafter on execution of arrest warrant, appellant was arrested. Army Act , 1950 gives concurrent jurisdiction to the Military Court to try the appellant but the competent authority in the Army decided not to invoke the provisions of Army Act against the appellant and left it open for the police authorities of P.S. University, Gwalior and the Courts at Gwalior to proceed with the prosecution. The case was committed to the Court of Sessions where the appellant abjured guilt and sought trial.