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REPORTABLE
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JUDGMENT
A.S. Bopanna,J.
search the house along with Naik Sukhdev Raj and Sapper
the house from the window and the cordon was thereafter
regard the Light Machine Gun (LMG) was also placed and
Hrs intense fire came from the direction of the maize field
was with him due to which the militants broke the cordon,
While jumping over the wall the appellant no doubt was hit
performing his duty had run away from it. Limited to that
the appellant abandoned the post and jumped over the wall
also fired at, to his leg and was injured, in the process he
that point the militants had picked up the LMG and carried
it away. The appellant had also stated that his AK-47 was
him when the attack from the militants had already taken
him from taking any action even thereafter and that too in
had taken away the LMG. While taking note of the said
10
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were justified.
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stage.
order as to costs.
……………………….J.
(M.R. SHAH]
……………………….J.
(A.S. BOPANNA]
New Delhi,
July 02, 2019