SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Del) 2083

S.RAVINDRA BHAT, SUDERSHAN KUMAR MISRA
Santosh Kumar Bharti – Appellant
Versus
U. O. I. – Respondent


Advocates:
For the Appellant :Mr. Sakesh Kumar, Advocate.
For the Respondent:Ms. Barkha Babbar, Advocate.

JUDGMENT :

Sudershan Kumar Misra, J.

1. The petitioner challenges his removal from service from the CRPF. The petitioner, at the time of his removal, was posted at the office of the Commandant, 0122 BN, CRPF, Srinagar at Coy “E” Camp, Sakharpora.

2. Briefly, an incident took place on 18.08.1999 which resulted in the death of the petitioner’s co-officer, Shri. A. Kerketta, due to the alleged mishandling of a weapon. The respondents alleged that the petitioner had been given a weapon, i.e., a firearm, which went off, resulting in the firing of three shots which resulted in the death of Shri Kerketta. Immediately after the death, the petitioner was suspended and an FIR was lodged against him at Police Post Pakharpora, Police Station Charari Shareif. The police, after investigation, filed a charge sheet under Section 304A of the Indian Penal Code, 1860 IPC. Charges were framed and the petitioner denied his guilt.

3. After trial, the petitioner was acquitted on the ground that there existed “reasonable doubt” about his involvement and role in the rash or negligent handling of the firearm. Concededly, no appeal against the acquittal was preferred. As noticed previously, the petitioner was su


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top