. ), AIR2022 SC 2986 , 2022 (121 ) ACC 254 , 2022 (4 )BLJ(SC )259 , 2022 CriLJ2921 , 2022 (3 )Crimes100 (SC ), 2022 INSC 644 , 2023 (1 )JKJ59 [SC ], 2022 (II )OLR172 , 2022 (3 )RCR(Criminal)561 , 2022 (9 )SCALE323 , (2022 )8 SCC502 , 2022 (3 )ShimLC1513 , ,MANU/SC/0776/2022
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MANU/SC/0776/2022
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2606 of 2012
Decided On: 14.06.2022
Appellants: Mahadev Vs. Respondent: The Director General, Boarder Security Force and Ors. ..(+)
Hon'ble Judges/Coram:
B.R. Gavai and Hima Kohli JUDGMENT
Hima Kohli, J.
1. The Appellant is aggrieved by the judgment dated 3rd March, 2011 passed by the Division Bench of the High Court of Delhi dismissing a writ petition filed by him, registered as WP(C) No. 6709/2008, wherein he had challenged the order dated 19th March, 2008 passed by the Respondent No. 4 herein convicting him to life imprisonment for an offence committed Under Section 46 of the Border Security Force Act, 19681, that is to say for murder punishable Under Section 302 of the Indian Penal Code, 18602. By the impugned order, the Division Bench has upheld the order passed by the Respondent No. 2 - Appellate Authority, whereby the statutory appeal filed by the Appellant was dismissed and the order dated 10th March, 2007 passed by the General Security Force Court was upheld3.
2. The brief facts of the case are that the Appellant, who was serving in the BSF, was tried by the GSFC in the year 2007, for committing an offence Under Section 46 of the BSF Act, that is to say murder punishable Under Section 302 of the Indian Penal Code and the charges framed against him were as follows:
The Accused No. 89131037, Const. Mahadev, of 131 Bn. BSF is charged with:
BSF ACT: COMMITTING A CIVIL OFFENCE, THAT IS TO SAY
SECTION 46: MURDER, PUNISHABLE Under Section 302 Indian Penal Code
In that he,
In a rubber garden located between BP No. 2007/S-3 and BP No. 2008/MP in AOR of BOP Bamutia, on 05/06/2004(sic) at about 08:15 hrs. by firing shots from his INSAS Rifle bearing Butt No. 503, Body No. 16397/159 caused the death of a civilian namely Nandan Deb S/o Sh. Atinder Dev R/o Village-Rangotia, PS-Sidhal, Distt.-West Tripura and thereby committed murder.
3. On the Appellant pleading not guilty........