LALIT CHAND DEKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, a security guard, was indicated before the learned Special SC & ST (Prevention of Attrocity Cases) Ajmer in Sessions Case No. 20/95 (171/1994) for having committed murder of Head Constable Ganpat Paswan and Constable Ahmed Ali. THE learned trial Judge vide judgment dated May 20, 1997 convicted the appellant under Sections 302 and 307 IPC and sentenced him in each of the section to undergo imprisonment of life and fine of Rs. 1000/- in default to further suffer six months Rigorous imprisonment. THE sentences were directed to run concurrently. In the instant appeal the appellant has assailed the aforesaid finding of the learned trial Judge.

(2.) ON the Tower Posts that have been constructed all round the Central Jail Ajmer, the CRPF deploys its security guards to keep 24 hours vigil on the inmates of the Jail. ON the fateful day of June 30, 1994 Head Constable Ganpat Paswan and constable Ahmed Ali, after discharging their security duties were sleeping on their respective cots in a tent. Constable Ramjilal Meena (PW. 1) who was on security duty from 10 a. m. to 12 noon, handed over his charge to constable Lalit Chand Deka (appellant) and after taking food at the Mess, he proceeded to sleep around 12. 30 p. m. on his cot in the tent. He suddenly awoke on hearing shouts of gun fire and got up from his cot then he saw the appellant firing bullets from the rifle on Ganpat Paswan and Ahmed Ali. Thereafter appellant turned towards another Tent and opened fire at Subedar Gurudayal Singh. The incident of firing happened at 1. 40 p. m. as a result of which Ganpat Paswan and Ahmed Ali died at the spot. Ramjilal Meena could some how reach to the Police Station and submitted written report. Incharge Police Station with police squad came to the spot and appellant was forced to surrender and police arrested him. The Police Station Civil Lines Ajmer registered a case under Section 302 and 307 IPC and chalked out formal FIR Ex. P. 29 bearing No. 119/94.

(3.) WE intend to refer at the outset the injuries sustained by the deceased. As per post mortem report (Ex. P. 26), deceased Ganpat Paswan sustained following injuries: 1. Wound of entry 3x1 cms. x ? elliptical, with invested margins and abraded collar 2. 5 cm. lateral to the outer angle of the Rt. orbit. The blackening is present around the wound. 2. Wound of entry- 1. 00 x 1/2 cms 16. 5 cms. up and lateral from the Rt. nipple in the Rt. Axilla, elliptical, with inverted margins and abraded collar. The depth is unknown. The blackening is present around the wound. 3. Wound of entry 1. 00 x 1/2 cms. 4. 00 cms. above and slightly, lateral to the I. No. II elliptical, the margins are inverted with abraded margins. The blackening is present around the wound. The depth is unknown. On dissection- The underlying bone is missing (of Rt. temporal) in area of 3 x 2cms. on further dissection the Rt. frontal bone Rt. parietal bone and left parietal bones are fracturalus area of 10x8 cms. as shown in figure, under the wound of exit measuring 12x4 cms. on left fronto parietal region. The meninges are found torn at places with extra dural, subdural and intra cerebred haemorrhages and tearing of brain at many places. The wound of exit is bigger irregular with margin irregular. Direction-Tongential passing from to the infront to the left fronto parietal region. These are antemortem in nature caused by riffled fire arm ammunitions and are of fresh duration prior to time of post mortem examination. Following the axillary wounds on further tracing the first four ribs are found fractured and also clavicle Rt. side. About 1 litre below us the Rt. side of pleural cavity. Upper 1/2 of the Rt. lung is turning to five pieces. Further trachea shows two wound on either side measure 3 x 1 cms. on Rt. and 5x3 cms. On It, side (skin intact on Rt. side of chest. On reflecting the skin the chest muscles contains clots on upper 1/2 and shows 8x5 cms. perforation on upper III of the Rt. side of chest wall ). The another wound (exit) measuring 12x12 cms. irregular on It. sub mandibular, region, eviding middle III of mandible fractured. In the path all the soft tissue structures are disturbed. No foreign body found. Direction -Obliquely inward, upward and left lateral side of body. Cause of death is shown coma due to intra cranial haemorrahages injury to the brain, Rt. lung and the structure of neck as a result of fire arm injuries (riffled fire arm ammunition ).