STATE OF J AND K Vs. LAKHWINDER KUMAR

JUDGEMENT

(1.) Mr. R.K. Birdi, Commandant 68th Bn Border Security Force, was on his way back to Force Headquarters at Nishat-Srinagar, after his Annual Medical Examination at Composite Hospital Humhama on 05.02.2010, when at about 4.40 p.m, the Border Security Force Personnel accompanying him are stated to have entered into a verbal dual with some boys present at Boulevard Road Brain-Srinagar in the process of clearing Traffic Jam in which the vehicles accompanying Mr. Birdi had got stuck. The verbal dual took ugly rum when Security Personnel started chasing the boys. In the process, Mr. Birdi is stated to have instigated Constable Lakhwinder Kumar to open fire. Lakhwinder Kumar fired two rounds. One of the rounds hit Zahid Farooq Sheikh and the other pierced a willow plant. Zahid Farooq succumbed to the bullet injury. FIR No. 04/2010 was registered at Police Station Nishat in this respect.

(2.) On completion of investigation in the FIR, Final Police Report indicating commission of offences punishable under Sections 302, 109 and 201 Ranbir Penal Code by Lakhwinder Kumar and Randhir Kumar Birdi, was laid before the Chief Judicial Magistrate, Srinagar.

(3.) On the day of presentation of the Final Police Report, Legal Officer of BSF too appeared before the learned Magistrate seeking time to exercise option for trial of accused by the Security Force Court.