Additional Sessions Judge Sandeep Yadav handed down the jail term to constable Sunil while holding him guilty of murder under section 302 of the IPC.
According to the prosecution, the incident took place at Malviya Nagar police line here on May 7, 2012 when the accused cop allegedly fired a self-loading rifle at victim constable Dinesh, killing him. The accused claimed to have fired it accidentally while putting the gun away.
"It should be kept in mind that accused, at the time of incident, was posted in Delhi Police as Constable. Therefore, he must have been trained as to how to handle a gun, whether it is loaded or unloaded.
"A layman can take the excuse that he was not aware that the gun was loaded or not. However, a trained police official is expected to take extra care while handling the gun. Therefore, the defence of accused that he fired the gun accidentally is liable to be rejected," the judge said.
However, it refused to award him death sentence saying it did not fall in the 'rarest of rare' category as he did not exhibit extreme brutality.
"One finds that convict did not exhibit extreme brutality or cruelty while committing the crime. When the conduct and behaviour of convicts before and after the murder and the manner of committing the crime is analysed, one does not find same to be so unusual or extra-ordinary as warranting death penalty," it said.
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