EX NAIK CHATURBHUJ Vs. STATE

JUDGEMENT

(1.) THIS criminal revision is against the appellate Judgement and order of the Sessions Judge, Cachar, upholding the Judgement and order of the Assistant Commandant, 15th Bn. and Magistrate 2nd Class, Central Reserve Police Force, C/o 19 APO convicting the accused petitioner under Section 10(p) and (m) of the Central Reserve Police Force Act, 1949, hereinafter called 'the Act'.

(2.) ON 13.10.1972 the accused petitioner Ex. Naik Chaturbhuj No. 62014153 attached to RHQ (Badribasti) was informed during evening roll call by Jitar Singh and Jem Bhairab Dutt, I/c. Rear Head Quarter that there was a command for him to proceed by first means and report at Bn. HQ at Kolasib on 14.10.1972 and a Bn. vehicle would be going to the HQ that day. On 14.10.1972 the accused petitioner absented himself from the camp and did not fall in. L/NK Ramji Chaube and L/NK Auter Singh were sent to accompany him to the Bn. HQ but he refused to accompany them saying that he would go only after a written order of the I/c. RHQ was sent to him. Subsequently such an order was sent through the above two persons; but the accused Petitioner was not found at his home. After a while I/c. RHQ sent a letter through NK Gajraj Singh and L/NK Auter Singh. But this time also he refused to accept the letter. The commandant vide signal No. P VIII -20/72 -15 (Esstt) dated 14.10.1972 ordered that the accused petitioner be arrested and sent to Bn. HQ in the convoy, but he was not found at home and he remained absent till 18.10.1972 on which date he reported at Kolasib Check Post and was arrested. On that very day a complaint was lodged by Shri S. Varma, Company Commander, 15th Bn. C. R. P. F. under Section 10(m) and (p) of the Act. The accused being produced in the Court of the Assistant Commandant and 2nd Class Magistrate, 15th Bn. C. R. P. F and charges explained, he consented to be tried by that Court. He was asked to engage a pleader, but he declined to do so, and he pleaded guilty to the charge of being absent but did not admit that he disobeyed lawful command of his superior officer. He was given opportunity to cross -examine the prosecution witnesses and to adduce evidence which he did not. Prosecution witnesses Nos. 1 to 5 proved that he was informed of the order on 13.10.1972 and that he was found absent at his home from 14th to 18th October on which date he was arrested at Kolasib. It was also proved that he did not report for duty between 14.10.1972 and 18.10.1972. In his statement he said that he did not go to Bn. HQ lest some harm would be caused to his wife. But the trial Court held that this could not be established by him. He further stated that as he was placed under suspension, he was ordered to be at RHQ and not to leave it without order of the Commandant. But such a command was there and was conveyed to him on 13.10.1972.

(3.) CONSIDERING the evidence on record the trial Court held him guilty under Section 10(m) and (p) of the Act and sentenced him to two months rigorous imprisonment.