STATE OF SIKKIM Vs. JASBIR SINGH

JUDGEMENT

(1.) The Revisionist being aggrieved, assails the Order dated 09-03-2017, passed in Sessions Trial Case No.03 of 2015, of the Learned Sessions Judge, Special Division II, Sikkim, at Gangtok, in which the Learned Trial Court, after framing Charge against the Respondent/Accused (hereinafter the "accused") under Sections 302 and 380 of the Indian Penal Code, 1860 (for short "IPC"), Section 25(1B)(a) of the Arms Act, 1959 (for short "Arms Act"), examining 20 witnesses for the Prosecution and hearing final arguments of both the parties, on the date fixed for Judgment concluded that, the Sessions Court had no jurisdiction to try the accused for the said offences. With this observation, the matter was remitted to the Court of the Learned Chief Judicial Magistrate, East Sikkim, with a direction to issue a written notice to the Commanding Officer of the Unit of the accused or a competent Military Authority in order to deliver him to such authority for trial by Court-Martial. Hence, the Revision Petition.

(2.) In order to appreciate the matter in its correct perspective it is essential to take stock of the events which have led to the instant Revision Petition. On 14-12-2014, at around 19:40 hours, Lance Naik Rajesh Kumar of 17 Mountain Division lodged an FIR before the Station House Officer, Sadar Police Station, Gangtok informing inter alia that on the relevant day at around 6 p.m. when he returned to his barracks he struck up a conversation with two Riflemen for a short while. After they parted company, he was freshening up when at around 6.30 p.m. to 6.45 p.m. he heard sound of gunshots inside the barracks. He immediately rushed to the barracks whereupon he witnessed L/Nk Jasbir Singh, the accused, opening fire on one Rifleman, Balbir Singh, with an INSAS Rifle. He pulled the accused out of the barracks along with the rifle and simultaneously raised an alarm for help, on which Signalman Ujjal Sinha and C.H.Anil arrived at the spot. The accused, in the meanwhile, escaped from the clutches of the Complainant. The Complainant then immediately rang up the Medical Room and returned to check on the injured Rifleman by which time he suspected that he was already dead.

(3.) The Police Station registered a case against the accused under Section 302 of the IPC and endorsed it to the Investigating Officer for investigation. It transpired that on the relevant day, i.e., 14-12-2014, the accused was detailed for Pilot duty of the GOC, 17 Mountain Division and also at the residence of the GOC with effect from 18:00 to 20:00 hours along with two other personnel. After attending to the Pilot duties, the Pilot party deposited their weapons at the Armoury around 15:30 hours. The accused stayed at the MP Depot for his next duty shift at the GOC's residence. While at the Depot, he met one Havaldar, together they went in the Pilot vehicle to purchase liquor from the Canteen and thereafter to the Signal barracks. Inside the barracks, the accused and the deceased engaged in light banter which however turned into a heated argument on which the deceased slapped the accused and pulled him by the belt of his uniform. On the intervention of another Head Constable, matters regained normality after which the accused left for the MP Depot evidently seething from the incident. Around 17:30 hours when a JCO came to the MP Depot for some work, he unwittingly dropped the key of the Armoury on the floor, retrieved it and put it inside a drawer in the table, which the accused caught sight of. After the JCO left the room, the accused took the key, went to the Armoury and took two INSAS rifles, two magazines with twenty live ammunitions in each magazine. He concealed one of the rifles under an army truck and took the second one with him duly loaded and ready for firing, to the barracks where the deceased was and fired at him from point blank range, causing his instantaneous death. By the time the Complainant arrived at the scene, the accused had already fired about twenty rounds out of which twelve bullets pierced the deceased Rifleman. The accused escaped from the clutches of the Complainant and went towards the Signal Gate. Meanwhile, on the failure of the accused to respond to his calls one Niwas Kumar who was to have relieved the accused made phone calls to the JCO. After some time however the accused called him and mentioned that he had killed someone. The said Niwas Kumar then informed the JCO. After completion of investigation Charge-Sheet was filed before the Court of the Learned Chief Judicial Magistrate against the accused under Sections 302/380 IPC, with the information that supplementary Charge-Sheet would be submitted on receipt of Forensic Report from the Central Forensic Science Laboratory.