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Tripura High Court Upholds Life Imprisonment for Rifleman in Shooting of Two TSR Officers Over Leave Denial, Holding Act was Deliberate and Not Provoked, Rejecting Accidental Discharge Defence and Delay in FIR Arguments

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“Mere denial of leave can never justify an attack on superiors; the deliberate act of the accused, proven through consistent eyewitness accounts and medical evidence, establishes guilt beyond reasonable doubt.”


Court’s Decision

The Tripura High Court dismissed the criminal appeal filed by the accused and affirmed the conviction under Section 302 IPC and sentence of life imprisonment with a fine of Rs. 50,000, imposed by the Additional Sessions Judge, Sepahijala Judicial District, for shooting and killing Subedar Markhasin Jamatia and injuring Nayek Subedar Kiran Kumar Jamatia with his service rifle following a dispute over leave.

The Court held the act was deliberate, intentional, and not provoked by any grave or sudden provocation, and found the defence plea of accidental discharge during a scuffle to be untenable and unsupported by evidence.


Facts

On 4 December 2021, at the TSR Konaban GCS Post, the accused, a rifleman, approached his superiors seeking leave, which was not granted due to an upcoming training program. Following this, the accused cocked his service rifle and fired at Subedar Markhasin Jamatia, killing him on the spot, and then shot Nayek Subedar Kiran Kumar Jamatia, who later died in hospital.

An FIR was lodged by the informant, and the accused was arrested with his service rifle. A charge sheet under Section 302 IPC and Section 27 of the Arms Act was filed, and after trial, the Sessions Court convicted and sentenced the accused, leading to this appeal.


Issues

  1. Whether the prosecution established beyond reasonable doubt that the accused intentionally committed murder under Section 302 IPC.
  2. Whether the plea of accidental discharge during a scuffle could be accepted.
  3. Whether delay in lodging the FIR and recording witness statements affected the prosecution’s case.

Petitioner’s Arguments

The appellant argued:


Respondent’s Arguments

The State contended:


Analysis of the Law


Precedent Analysis

  1. Ganesh Bhavan Patel v. State of Maharashtra (1979): Delay in FIR can raise suspicion if unexplained.
  2. State of Andhra Pradesh v. Punati Ramulu (1993): Delay in FIR can affect credibility if no explanation is provided.
  3. Dharnidhar v. State of UP (2010): Statements under Section 313 CrPC can support prosecution if consistent.
  4. Kalabhai Hamibhai Kachhot v. State of Gujarat (2021): Minor discrepancies do not vitiate the case if the core is intact.
  5. Brajendrasingh v. State of MP (2012): Circumstantial evidence must form a complete chain pointing to guilt.

The Court found the defence reliance on delay arguments misplaced in this context as the delay was explained and did not affect core facts.


Court’s Reasoning


Conclusion

The Tripura High Court dismissed the appeal, affirming:

All interim orders were vacated, and the conviction was confirmed.


Implications

  1. Reinforces the principle that denial of leave does not constitute grave provocation to mitigate murder charges.
  2. Highlights that delay in FIR does not affect the case when explained and when consistent evidence is available.
  3. Emphasises responsibility of disciplined forces personnel regarding the use of service weapons.

Brief Note on Cases Referred

These were applied to reject the defence plea of delay and accidental firing.

FAQs

  1. Does delay in FIR automatically weaken a prosecution case?
    No, if the delay is explained and consistent evidence exists, delay does not vitiate the case.
  2. Can denial of leave constitute provocation in a murder case?
    No, mere denial of leave does not justify violence against superiors.
  3. Can statements under Section 313 CrPC be used for conviction? Yes, to the extent they support the prosecution case, they can be used in corroboration.

Also Read: Bombay High Court Upholds Revocation of Courier Licence and Forfeiture of Security Deposit for Failure to Comply with Courier Import Regulations Despite Plea of Disproportionality, Emphasises Non-Compliance Undermines Revenue Trust and Facilitates Smuggling

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