Hrishikesh Roy, J.

1. Heard Mr. K.N. Bhattacharjee, learned senior counsel for the petitioners. Also heard Mr. P.K. Biswas, learned Addl. Solicitor General of India, who represents the respondents.

2. The wife, three minor children and the mother of Late Nandan Deb are before this Court seeking direction for compensation for the death caused to Nandan Deb, aged about 32 years, by intentional firing by constable Mahadev of the BSF, who was on duty at the relevant point of time along with his other colleagues. The right of private defence, claimed by the accused constable Mahadev, have not been accepted in the General Security Force Court (GSF Court) proceedings and as per the finding given by the GSF Court dated 10.3.2007, the charge against constable Mahadev of having caused the death of deceased Nandan Deb by shooting him with his service rifle was established.

It may be relevant to extract the charge levelled against the accused constable:

Charge Sheet

The accused No. 89131037 Const. Mahadev of 131 Bn. BSF is charged with:

In a rubber garden located between BP No. 2007/3-S and BP No. 2008/MP in AOR of BOP Bamutia on 5.6.2004 at about 8:15 hrs. by firing shots from his INSAS Rif