C L NARYANA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS in all the above petitions are aggrieved of their conviction by the Summary General Court Martial for committing Civil Offences under Section 69 of the Army Act, read with Section 325/34 of the Ranbir Penal Code for causing grievous hurt to Capt Aseem Kapoor of 60 Field Regiment on 8th Nov 1997. All the petitioners were serving at 92 Base Army Hospital in Srinagar at the time of the alleged commission of offence. Petitioners in OWP No. 783/2000, OWP No. 509/2000 and OWP No. 493/2000 were swerving as Naib Subedars, whereas petitioner in OWP No. 2408/2000 was serving as Sepoi. Petitioners were allegedly involved in an incident of scuffle that resulted in injuries to Captain Aseem Kapoor of 60 Field Regiment.

(2.) AS per the prosecution story Captain Aseem Kapoor of 60 Regiment was performing the duties of Convoy Commander from Uri to Srinagar and back. One of his duties was to provide safe passage to the transients. After bringing the Convoy to Srinagar he received an information from 19th Infantry Division to enquire about the details of casualties of an accident which took place on Srinagar - Jammu National Highway in which number of personnel of 19th Inf Division were involved. When he was proceeding towards 92 Base Hospital in a Jonga driven by NK Sudesh Kumar at about 1830 Hrs, he saw two boys walking on the left side of the pavement. One of the boys threw an object on the Jonga. Capt Aseem Kapoor asked the driver to stop the vehicle. Both of them got down from the vehicle as they apprehended that a Grenade was thrown on the vehicle. Since the militants were employing women and children for subversive activities even in cantonment areas, Capt Aseem Kapoor wanted to check the details of the object thrown on the vehicle. As soon as the vehicle stopped, both the boys ran away on the same side of the road, but they were ultimately caught. On being asked about the item which was thrown on the vehicle and about their identify they remained silent. Capt. Aseem Kapoor gave a slap to Sri Abhay Kumar Giri, one of the boys who admitted that the other boy had thrown something on the vehicle. The other boy was Nagesh Raja, who had also been caught but kept silent about the object thrown on the vehicle and his identity. On being firmly asked to furnish the details of the item thrown on the vehicle and about their identity, they started weeping.

(3.) CAPT Aseem Kapoor wanted to hand over both the boys to Batwara TCP/CMP post to ascertain more details and to hand over to their parents after their identity was established. When the boys were being asked to get into the vehicle, one of the accused Dharam Singh asked him as to where the boys were being taken. On this Captain disclosed his identity. Accused also disclosed his identity. Captain Aseem Kapoor asked the accused to speak properly or take him to officer under whose command he was serving. Accused informed him that his Colonel was staying there only and the matter could be sorted out with him. While they were moving towards Chinar Enclave, accused asked Capt Aseem Kapoor to go to Base Hospital. Since Captain Aseem Kapoor also wanted to visit the Hospital he agreed to accompany him to the Base Hospital, which was nearby. On the way accused asked Captain Aseem Kapoor as to why he shouted on his children and cautioned him. On reaching the Gate of MI Room of 92 Base Hospital the accused told the persons present there that this officer has beaten the boys. The incident was reported to Captain Gopal Singh, Duty Medical Officer, who referred the matter to Colonel Anand, who in turn instructed the accused to go to the Senior Registrar/OC Troops. Meanwhile, they met Maj RV Giri who after listening the accused went to the office of the Senior Registrar. During this period accused No. 1, C.L. Narayan asked Cap Aseem Kapoor as to why he has beaten his child and threatened that he would see him. Capt Aseem Kapoor submitted his written report after gathering information of casualties from Conference Room of 92 base Hospital. He came out at about 8 PM, It was drizzling and there was darkness. As soon as he got down from staircase, he saw accused C.L. Narayan, Dharam Singh and O.N. Giri alongwith some persons who while abusing punched together on his head, face, abdomen and back. His belongings like Spectacles and Cap fell on the ground. He tried to escape and ran towards the reverse direction, but some more persons emerged from staircase of Oval ground. About 10 persons came from the side of the Unit lines also. Accused No. 4, R.R Sodhi was amongst them, who was highly agitated and was using abusive language, and punched on Capt Aseem Kapoor and started kicking on his abdomen and back. At the same time Lt Col M.S. Bindra, who was going out of 92 Base Hospital saw the incident and tried to save Capt Kapoor who was profusely bleeding from his nose. His clothes were torn and blood stained. Capt Kapoor was taken in the Ambulance which was locked from inside. As soon as the Ambulance started it was stopped by Major S. Mukherjee and Maj R.V. Giri. Lt Col M.S. Bindra explained to them the circumstances. Ultimately Captain Kapoor was taken to Base Hospital where he was medically examined by Capt Gopal Singh, who referred him to Major S. Mukherjee, ENT Specialist, who observed grievous hurt on the person of Cap Aseem Kapoor.