P.N. Prakash, J.

1. Adam ate the forbidden apple and he was expelled from Heaven. Dilshan, a lad of 13, yearned for almonds and got expelled from Earth!!

2. The sole accused Lt.Col.Ramaraj was tried for offences u/s 302, 201 r/w 302 IPC and u/s 3 r/w 25(1-B)(a), 27, 25(I-B)(h) of Arms Act in S.C.No.339 of 2011 by the learned Additional Sessions Judge/Fast Track Court-5, Chennai and convicted for the said offences by judgment dated 20.04.2012 and sentenced to undergo imprisonment for life and pay a fine of Rs.50,000/-, in default to undergo rigorous imprisonment of six months for the offence u/s 302 IPC; one year simple imprisonment and also pay a fine of Rs.2,000/-, in default three months simple imprisonment for the offence u/s 3 r/w 25(1-B)(a) of the Indian Arms Act, 1959; three years simple imprisonment and also to pay a fine of Rs.5,000/-, in default to undergo three months simple imprisonment for the offence u/s 27 of the Arms Act, 1959; and one year simple imprisonment and pay a fine of Rs.3,000/-, in default to undergo three months simple imprisonment for the offence u/s 25(1-B)(h) of the Arms Act. Out of the total fine amount of Rs.60,000/-, a sum of Rs.50,000/- was directed to be paid as compensation u/s 357 Cr.P.C. to P.W.1., the unfortunate mother of Dilshan.

3. It is the case of the prosecution that the appellant, an Ex-Serviceman, lived in Door No.11/4, OEG Officers Enclave, Flag Staff House Road, Fort St.George, Chennai, though he retired from service on 30.04.2011, as he was permitted to occupy the house for a period of three months thereafter. The Army men’s enclave is abound with fruit bearing trees, which attracts the urchins who live across the road in the hutments called ‘Indira Nagar Colony’. At around 1.30 p.m. on 03.07.2011, a Sunday, Dilshan and three of his friends Sanjay [P.W.2], Praveen [P.W.3] and Vignesh [P.W.7] ventured into the Army men’s enclave to hunt for almonds. The lads were testing their marksmanship by flinging stones at their targets (Mangoes and Almonds). When they suddenly heard a bang, Sanjay [P.W.2], Praveen [P.W.3] and Vignesh [P.W.7] saw Dilshan falling on the ground and they took to heels. They went to their colony and informed Kalaivani [P.W.1], the mother of Dilshan about the mishap that occurred to Dilshan. It is a bone of contention as to what exactly the children told P.W.1. Nevertheless, P.W.1 and other elders in the colony went over to the enclave and found Dilshan lying inside the compound with bleeding injuries on his head. P.W.1, P.W.9 and others immediately took Dilshan by an autorickshaw to the nearby Government General Hospital, where Dr.C.Sasidharan [P.W.30] who was the duty Doctor in the emergency ward, saw the child unconscious at 1.45 p.m. In the Accident Register [Ex.P14], P.W.30 has entered:

“Alleged H/o fall from tree at 1.30 p.m. near kodimaraisalai, Old Fort Officers quarters.”

He has noticed two head injuries, one on the left temple and the other on the right temple. He admitted him as an inpatient in the hospital and further treatment was taken over by Dr.Sahayam [P.W.31]. The boy was unconscious and so P.W.31 requisitioned the services of a Neuro surgeon and CT scan was taken on his advice. CT Scan disclosed an injury in the brain. While the doctors were trying to give him the best possible treatment, the child succumbed to injuries at 5.20 p.m. on 03.07.2011 and the Death Intimation [Ex.P.15] was sent to the police. In the meantime, news that Dilshan was hurt because of firing from inside the Army men’s compound excited the hut dwellers who started a siege of the army compound. Hence, the army authorities also started enquiries realising that something had gone wrong in their campus. Muthuraj, Inspector of Police, B3 Fort Police Station [P.W.53] took up the investigation of the case. He went to the hospital and obtained a complaint [Ex.P1] from P.W.1 and he returned to the B3 Police Station at 2.30 p.m. and registered a case in B3 Fort Police Station,