Thereafter, the appellant filed a Petition under Article 226 read with Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (for short ‘CrPC’) before the Hon’ble High Court of Punjab and Haryana. On the date of the incident, the appellant and the deceased were a part of the guard headed by Guard Commander Naik Amrik Singh (PW- 13).
Thereafter, the appellant went out when there were heated arguments between the appellant and the deceased again on the issue of seniority. Learned senior counsel appearing for the respondent pointed out that exception 4 to Section 300 will not apply in this case, as it cannot be said that there was a sudden fight.
Hawaldar Malkiat Singh is PW-3 who stated that the appellant was not possessing any weapon. PW-13 Naik Amrik Singh was posted as a guard commander along with the appellant and deceased.
At that time, the deceased stood on duty outside the guard room with a weapon and ammunition.
Also Read: https://newslaw.in/supreme-court/extension-of-benefit-of-doubt-in-criminal-convictions/
PW-13 further stated that he along with the appellant, lifted the deceased and after reaching the roadside, they laid the deceased on the ground.
PW-13 stated that the rifle used by the appellant was lying in the snake pit. PW-14 Gunner Gurtej Singh stated that he was having dinner on 4 December 2004 at about 2015 hrs with PW 13 in the guard room.
Moreover, after the incident, the appellant did not run away and he along with PW -13 lifted the deceased and laid him by the side of the road. Firstly, the appellant was a soldier on guard duty, secondly, the appellant and the deceased had a fight over the seniority and thirdly, though there were 20 rounds in the rifle of the deceased, he fired only one round. The appellant, in the facts of the case, cannot be said to have acted in such a cruel manner which will deprive him of the benefit of exception 4 to Section 300 of IPC.
Also Read: https://newslaw.in/supreme-court/vicarious-liability-under-section-34-of-ipc/
Under the first part of Section 304 of IPC, an accused can be punished with imprisonment for life or with imprisonment for a term which may extend to 10 years.
The bail bonds of the appellant shall stand cancelled.
Case Title: NO. 15138812Y L/NK GURSEWAK SINGH Vs. UNION OF INDIA (2023 INSC 648)
Case Number: Crl.A. No.-001791 / 2023
