EXGUNNER VIRENDER PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal takes an exception to the Judgment and Order passed by the Armed Forces Tribunal (hereinafter referred to as "AFT") in T.A.No.284 of 2011 whereby, the appeal of the present appellant against the order of Court Martial dated 21.08.2004 was dismissed.

(2.) The brief facts of the present matter are as follows: The present appellant was enrolled in Signals Corps and was posted to HQ & Radar Battery of 20 Surveillance and target acquisition regiment since 01.10.2002. The appellant was deployed at Peer Badeshwar Radar Post and reported to the post on 12.05.2003. The deceased Gunner Sushil Kumar was of the same unit i.e. 20 Surveillance and target acquisition regiment and was working as Radar Operator and was stated to be on good terms with the appellant. On the date of incident i.e. 30.06.2003, the present appellant shot the deceased GunnerSushil Kumar, while, in a state of sleep.

(3.) We have heard Mr.B.K.Pal, Ld. Counsel for the appellant and Mr. Vikramjit Banerjee, Ld. Additional Solicitor General, for Union of India.