STATE OF J&K Vs. A.M. SANGMA

JUDGEMENT

(1.) This appeal has been directed against judgment dtd. 18/3/2009, propounded by learned 1st Additional Sessions Judge, Jammu (for short "trial court") in file No. 22/Murder titled "State vs. A.M. Sangma", vide which respondent came to be acquitted of the charge under Sec. 302 Ranbir Penal Code [RPC].

(2.) Before the grounds urged in the memo of appeal are adverted to, it shall be expedient to have an overview of the background facts of the case.

(3.) As the prosecution case would unfurl, on 10/8/2002, at about 1 PM Police Station GRP, Jammu, received a telephonic information from SHO GRP, Jammu that at about 12.50 PM, Constable No. 98221038 with 127 Bn. BSF coy- C, respondent herein, had sprayed bullets with his SLR upon his Assistant Commandant-Tulsi Dass, Head Constable-Chitranjan Swain, Constable 8th Bn.- P., Hathi Naik and Constable 7th Bn. RPSF.-R. Romesh. As a result, Head Constable-Chitranjan Swain and Constable P. Hathi Naik had died on the spot, whereas Assistant Commandant Tulsi Dass and Constable R. Romesh were seriously injured. It surfaced that alleged cause of firing was animosity of the respondent with his Commandant Tulsi Dass. On receipt of the telephonic information, FIR No. 14/2002 for offence under Ss. 302/307 RPC came to be registered against the respondent and investigation came into vogue. During investigation, the investigating officer besides other legal formalities, seized the weapon of offence, spent cartridges, magazine and obtained post-mortem reports of the deceased. Subsequently, Assistant Commandant, Tulsi Dass also succumbed to his injuries in the hospital. The movement order and nominal roll of the respondent were also obtained. The seized articles, after resealing, were forwarded to FSL for examination.