IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.702 of 2008 BHIM KUMAR ROY Versus THE UNION OF INDIA & ORS ----------- For the appellant: Mr. Yogesh Chandra Verma, Senior Advocate For the Respondents : Mr. S.N. Pathak, S.C.C.G. Mr. Binod Kumar, CGC --------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 22nd September, 2008. We heard Mr. Yogesh Chandra Verma, the senior counsel for the appellant. 2. The submission of the senior counsel is that the facts that have come on record do not show that the appellant attempted to commit suicide. He would submit that this aspect is fortified by the fact that service rifle had no live cartridge and that the letter that was recovered from the person of the appellant disclosed that he was mentally disturbed; he wrote letter to his wife that he was committing suicide. 3. We are afraid, the submission does not appeal to us. The deposition of some of the witnesses, which has gone unchallenged for want of any cross examination, leaves no manner of doubt that the charge was established that the delinquent attempted to commit 2 suicide. 4. In this view of the matter, the punishment awarded to the appellant under section 41( c ) of the Boarder Security Forces Act, 1968 cannot be said to suffer from any legal infirmity. The consideration of the matter by the Single Judge warrants no interference by us. 5. L.P.A. is dismissed in limine. R.M. Lodha, CJ. Kishore K. Mandal, J. Anil/