In a significant ruling, the Supreme Court has upheld the conviction of an army constable who opened fire on his colleagues due to dissatisfaction with the mess food. Justices Pankaj Mithal and S V N Bhatti overturned a previous judgment from the Himachal Pradesh High Court that had acquitted the constable of charges under Section 307 (attempt to murder) of the IPC and Section 27 of the Arms Act.
The incident, which occurred in 2010, involved the constable using an AK-47 to shoot indiscriminately at his colleagues. The Supreme Court noted that the accused acted with the intention to inflict grievous bodily harm, knowing fully well the potential for causing death. “The facts and circumstances reveal that the accused in rage had fired indiscriminately… knowing fully well that the bullets may cause bodily injury to any of his colleagues, which further may in all probability cause death,” the court observed in its verdict dated April 17.
Despite the grievous nature of the injuries, which included four wounds to the upper thighs of the injured, the court pointed out that the High Court had failed to consider crucial aspects when acquitting the accused. The Supreme Court’s decision reinstates the original judgment of the trial court from March 20, 2013.
However, the bench modified the sentence, acknowledging that no minimum sentence is mandated under IPC Section 307 for members of a disciplined force. Considering the context of the incident and the time already served by the accused (approximately 1 year and 5 months), the court reduced the sentence from seven years of rigorous imprisonment to the time already served.
