LAVITO SEMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the judgment and finding of the General Security Force Court (GSFC) dated 30.4.2007 (Annexure-XXIV), by which the Petitioner has been held to be guilty of the offence under Section 302 IPC and sentenced to suffer imprisonment for life with consequential dismissal from service. The Petitioner has also questioned the order dated 31.5.2007 (Annexure-XXVI) by which the findings of the said Court has been sustained. Another challenge made by the Petitioner is the order dated 6.7.09 (Annexure-XXXI), by which the Govt. of India in the Ministry of Home Affairs, Directorate General, Border Security Force has rejected the petition submitted by the Petitioner against the aforesaid orders. The orders so passed is pursuant to the order of this Court dated 9.3.2009 passed in WP(Crl) 4(K)/2007, filed by the Petitioner against his conviction and sentenced with consequential dismissal from service. By the said order, a direction was issued to dispose of the petition filed by the Petitioner against the order of confirmation under the provisions of Section 117(2) of the BSF Act, 1968.

(2.) The Petitioner while was serving as Head Constable in BSF, he was tried by a GSFC in April, 2007 on a charge under Section 46 of the BSF Act for committing a civil offence i.e. murder, punishable under Section 302 IPC. According to the said charge, the Petitioner while was posted in the particular station, on 21.2.2006 at about 0730 hrs., caused death of another Head Constable namely Yogesh Kumar of the same station by firing 2(two) shots from 9 mm CM Butt No. 20, Body No. LL8491 and thereby committed murder of Head Constable Yogesh Kumar.

(3.) During trial, the Petitioner pleaded not guilty of the charge and accordingly the Court proceeded with the proceeding. The prosecution examined as many as 14 witnesses. The accused Petitioner submitted written statement of defence but did not examine any witness in support of his defence. In Appreciation of the evidence on record, the GSFC held the Petitioner guilty of the charge and sentenced him to suffer imprisonment for life with consequential dismissal from service.