The Chhattisgarh High Court has firmly upheld the life sentence awarded to CRPF Constable Sant Kumar, who was convicted for the brutal killing of four fellow personnel and injuring another in a naxal-affected area. The Division Bench, led by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, dismissed the appeal filed by the convict challenging his conviction and sentence.
Incident and Trial Background
On 9th December 2017, at around 4:30 PM, Sant Kumar opened fire inside the CRPF Battalion Camp in Bijapur district, using two assault rifles—an AK-47 and an AKM. The indiscriminate firing resulted in the deaths of Sub-Inspectors Vicky Sharma and Megh Singh, Assistant Sub-Inspector Rajveer Singh, and Constable Shankar Rao Ghanta. Assistant Sub-Inspector Gajanand Sharma survived but sustained bullet injuries.
Read Also:- Chhattisgarh High Court Denies Bail in ₹411 Crore Medical Procurement Scam
A case was registered at Basaguda Police Station, and the trial was conducted at the Special Naxal Court in Dantewada. The Trial Court convicted the appellant under Sections 302 (four times), 307 IPC, and relevant provisions of the Arms Act, sentencing him to life imprisonment.
Court Observations
The High Court emphasized that:
“The working conditions of armed forces personnel can be extremely dangerous and deadly… However, the level of discipline is much higher for the armed force personnel than an ordinary civilian… Long working hours without leave and difficult environment does not give right to any person to vent his anger by causing death of his own colleagues.”
Read Also:- No Leniency for POCSO Offenders: Chhattisgarh High Court Upholds 20-Year Sentence in Gang-Rape of Minor
The Court rejected the plea that the accused acted in a moment of mental stress and anger due to denial of leave in a naxal-infested zone. It also dismissed the claim that the incident should fall under Exception 4 to Section 300 of IPC, as the accused had acted with full awareness and premeditation.
Eyewitness Testimonies and Evidence
A key aspect of the case was the testimony of injured eyewitness ASI Gajanand Sharma, who confirmed seeing the accused firing at the deceased officers.
“Such testimonies cannot be dismissed as unreliable unless there are pellucid and substantial discrepancies,”
the Court noted, quoting the Supreme Court in Balu Sudam Khalde v. State of Maharashtra.
Read Also:- Chhattisgarh High Court Emphasizes State's Duty in Timely Paddy Lifting and Fair GST Procedures
Multiple eyewitnesses also supported the prosecution's case. Rajeshwar Dubey, an Assistant Commandant, testified that the accused admitted to the act, claiming to have “cleaned the filth from the camp.” The accused was caught with two rifles and four magazines, indicating planning and intent.
Defense Claims Rejected
The defense argued there was no ballistic evidence proving that the bullets came from rifles allotted to the accused. It was also claimed that the accused was falsely implicated for opposing a fake encounter. However, the Court found no merit in these arguments and emphasized that there was no naxal attack that could have caused the deaths.
“The appellant had a grudge against the deceased because he was denied leave… Instead of performing his duty, he took a drastic measure by opening fire indiscriminately.”
The High Court held that the prosecution had proved the case beyond reasonable doubt and found no illegality in the findings of the Trial Court. Accordingly, the appeal was dismissed, and the sentence was upheld.
Case Title: Sant Kumar v. State Of Chhattisgarh
