Supreme Court Modifies Sentence for Soldier in Seniority Dispute Shooting Incident
On Thursday, the Supreme Court of India made modifications to the conviction and jail sentence of a former soldier involved in a shooting incident with a fellow Lance Naik over a dispute about seniority (L/nk Gursewak Singh vs Union of India and anr). The Court ruled that the soldier should not be convicted of murder but of culpable homicide not amounting to murder due to acting in the heat of the moment.
Justices Abhay S Oka and Sanjay Karol presiding over the bench noted that the incident was not premeditated and happened in a heated moment, with only one bullet fired from the gun that had more rounds. The Court observed that in the disciplined environment of the Army, seniority holds great importance and that the dispute over seniority likely led the appellant to act in a fit of passion.
The altercation occurred after both the deceased and the convict had consumed alcohol, and a fight broke out over seniority. The appellant snatched the deceased's rifle and fired a single bullet, leading to the fatal injury. Despite this, the Court opined that there was no intention on the convict's part to kill the deceased.
As a result of the Court's ruling, the soldier's conviction was modified, and his sentence was reduced from life imprisonment to the period already served. The convict, who had been out on bail since April 2020, was no longer bound by bail conditions. The incident had taken place in December 2004 at the Ferozepur Cantonment in Punjab.
The appellant, an Indian Army Lance Naik, had previously been convicted by a Court Martial for murder and was dismissed from service. His appeals against the conviction were rejected by higher authorities before he approached the Supreme Court.
The Supreme Court considered factors such as the consumption of alcohol by both parties before the altercation, the lack of cruel intentions in the convict's actions, and his good conduct as mitigating factors while determining the sentence. Additionally, the fact that he had already spent over 9 years in incarceration was taken into account.
The appeal was partly allowed, leading to modifications in the soldier's conviction and sentencing. Advocates Abhimanyu Tewari, Eliza Bar, Sidhhant Saroha, Tushar Bathija, Praveer Singh, and Parth Jain represented Lance Naik Gursewak Singh, while Senior Advocate R Bala and advocates AK Kaul, Rukhmini Bobde, Shiv Mangal Sharma, Priyanka Das, Rajan Kumar Chourasia, Sweksha, and Arvind Kumar Sharma appeared for the Central government.
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TAGS: Supreme Court modification conviction reduced jail sentence former soldier shot fellow Lance Naik seniority dispute culpable homicide heat of the moment disciplinary force Army alcohol one bullet no premeditation good conduct mitigating factors life imprisonment bail Ferozepur Cantonment Court Martial dismissed from service appeal Central government.
