HC to decide fate of convicted RPF jawan
The fate of a jawan from the Railway Protection Force Jawan (RPF), convicted for culpable homicide not amounting to murder, will soon be decided by the Bombay high court.mumbai Updated: Oct 31, 2011 00:17 IST
The fate of a jawan from the Railway Protection Force Jawan (RPF), convicted for culpable homicide not amounting to murder, will soon be decided by the Bombay high court.
Gyansagar Pandey, was sentenced to seven years imprisonment by the Sewri sessions court in April 2010, for shooting a trespasser, who succumbed to his injuries.
The court will hear an appeal on the conviction, filed by the Jawan, and has to decide whether he exceeded his right to self-defence in shooting the trespasser.
According to the prosecution, Pandey was working as head constable, and was posted in a railway yard, guarding the property at Sewri.
In April 2005, one Deonath Yadav, along with a friend, Faizal Kunda, entered the railway scrap yard, after scaling the wall. Pandey and another constable, Kailashnath Mishra, stopped them and took the trespassers into custody.
When they were being taken to the office, Mishra allegedly assaulted Yadav with the stick. Yadav then grabbed the stick and assaulted the official. In the resulting scuffle, Pandey opened fire with his service rifle and a shot hit Yadav, who died on the spot.
Pandey’s advocate, Samir Vaida, said that the HC had noted that the deceased and his friend had illegally entered the property and the officials too were injured in the scuffle. Justice VM Kanade has admitted the appeal, which will come up for hearing on November 14, Vaidya said.