The Supreme Court has upheld the conviction of an army constable who fired at his colleagues using an AK-47 rifle after being unhappy with the food served at the mess. The incident, which took place in 2010, resulted in serious injuries to fellow soldiers.
A bench of Justices Pankaj Mithal and S V N Bhatti delivered the ruling on April 17, overturning a 2014 decision by the Himachal Pradesh High Court that had acquitted the constable of charges under Section 307 of the Indian Penal Code (attempt to murder) and Section 27 of the Arms Act.
Court Says
The top court stated that the constable acted in rage and fired indiscriminately at his fellow soldiers, fully aware that his actions could result in serious or even fatal injuries.
“The facts show that the accused fired with his service weapon (AK-47) knowing that it could cause bodily injury, which in all probability could lead to death,” the court said. It also noted that one of the injured soldiers had suffered four serious injuries—two on each thigh.
Although the injuries were not life-threatening, the court observed that the attack clearly showed an intention to cause death.
High Court
The Supreme Court criticized the Himachal Pradesh High Court for ignoring key aspects of the case and ruled that its decision to acquit the constable could not be sustained. It restored the original trial court’s judgment dated March 20, 2013, which had convicted the accused.
Punishment Reduced
While restoring the conviction, the court showed some leniency in sentencing. Taking into account that the incident happened in 2010, that the accused was part of a disciplined force, and that the firing was done in a moment of rage, the Supreme Court reduced the punishment.
Instead of the seven years of rigorous imprisonment initially given, the court ruled that the punishment should be limited to the time the constable had already spent in jail.
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