HEAD CONST HARDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Hardev Singh, was posted as Head Constable in 67 Battalion, Border Security Force (hereinafter to be referred as "the BSF") at Baghapurana in October, 1991. In the night intervening 24/25th October, 1991, the petitioner was posted as Guard Commander. According to the charge-sheet (copy Annexure P1) dated 11-4-1992, the petitioner allegedly committed the murder of Constable Ratna Bhai of his unit by firing a shot from his Carbine Butt No. 54, body Registration No. JJ 0324. The petitioner was tried by the General Security Force Court (hereinafter to be referred as "GSFC"), which was convened by the Additional Director General, BSF, Punjab Frontier, vide order dated 5th May, 1992, passed on the charge-sheet dated 14th May, 1992. The charge-sheet was served on the petitioner for committing civil offence under S.46 of the BSF Act, i.e. the offence of murder, punishable under S.302 of the Indian Penal Code. The deceased Constable Ratna Bhai was allotted Constabulary No. 90172617. The charge-sheet was signed by Shri D.Kaushal, Commandant, 67 Battalion, BSF, Mamdot.

(2.) The GSFC found the petitioner/accused Hardev Singh guilty of the aforesaid charge and he was awarded sentence of seven years rigorous imprisonment and dismissal from the service. The finding and sentence of the GSFC were required to be confirmed by the confirming authority. The Inspector General of the BSF, Punjab Frontier examined the finding and sentence awarded by the GSFC and passed a revision order (copy Annexure P5) dated 22-9-1992, wherein he held that the sentence of seven years rigorous imprisonment awarded by the GSFC was not legal. He directed that the GSFC shall after giving an opportunity to the accused to address the Court in respect of the matter raised in the revision order and if on reconsideration the GSFC decided to revise the sentence, it shall revoke the sentence already passed and award the sentence afresh as provided in the BSF Rule 105.

(3.) The GSFC was re-assembled on 22-9-1992 at Mamdot and revoked its earlier sentence and passed a revised sentence on the petitioner Hardev Singh to suffer imprisonment for life under the aforesaid charge. The finding and sentence as revised by the GSFC were submitted for confirmation before the confirming officer. The confirming officer, i.e. the Inspector General, Border Security Force, Punjab Frontier, confirmed the finding and sentence of the GSFC on 19-11-1992 and directed that the sentence of imprisonment shall be undergone by confinement in a Civil Prison (vide copy Annexure P6).