MARUKA SAMAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.06.2007, passed by the learned Addl. Sessions Judge (FTC), Bongaigaon, in Sessions Case No. 67 (BGN)/99.

(2.) The prosecution Case, in brief, is that on 7.5.1995 at about 5 p.m., Head Constable Maruka Samad (hereinafter called the appellant) opened fire from his carbine at his colleagues in the 9th Bn. BSF Camp, Bongaigaon, causing death of Head Constable Khadim Hussain, Head Constable Khem Raj and Uttam Sarkar and injuries to Constable Subhash Chand (P.W. -6). After committing the said crime the appellant left the camp leaving the carbine there. The Commandant of 9th Bn. BSF lodged an FIR (ext. 3) with the O.C., Bongaigaon police station, which was registered as Bongaigaon P.S. Case No. 65/1995, under Sections 302/ 307 IPC.

(3.) On receipt of the said FIR, police launched investigation into the matter, visited the place of occurrence, forwarded the dead bodies for post mortem examination and the injured for medical treatment, arrested the appellant, on being produced by BSF personnel, seized one carbine, one magazine, 29 Nos. of empty fired cases of mm ammunition (vide ext. 1). At the dose of the investigation, police submitted charge-sheet against the appellant for the offence u/s. 302 /307 IPC.