B.D. KHUNTE Vs. UNION OF INDIA

JUDGEMENT

(1.) Criminal Appeal No.242 of 2012:

(2.) Enrolled on 30th July, 2004, the appellant was posted at Razdan in Baramulla Sector of the State Jammu and Kashmir. Deceased Sub Randhir Singh was serving as a Senior JCO/Post Commander at the very same place of posting. The prosecution case is that on 28th June, 2006 at about 9.30 p.m. the appellant while on guard duty shot Subedar (AIG) Randhir Singh dead with a 5.56 Insas Rifle issued to him. FIR No.137 of 2006 about the incident was lodged by the Brigade Commander concerned with the jurisdictional police Station at Bandipur who after completing its investigation of the incident filed a charge sheet against the appellant before the Jurisdictional Magistrate for commitment of the case to the Court of Sessions at Baramulla for trial.

(3.) The Court of Sessions at Baramulla in turn transferred the case to the Army Authorities for being dealt with under the Army Act on an application filed before it by the GOC 15 Corps. A Summary General Court Martial was accordingly convened for the trial of the appellant who found the appellant guilty for the commission of offences punishable under Section 69 of the Army Act and Section 302 of the Ranbir Penal Code and sentenced him to undergo imprisonment for life and dismissal from service. Statutory remedies under the Army Act, 1950 having proved ineffective, the appellant filed OA No.5 of 2009 before the Armed Forces Tribunal, Principal Bench, New Delhi, which was heard and dismissed by the Tribunal by its order dated 27th August, 2009. The appellant then filed Writ Petition No.4652 of 2010 before the High Court of Delhi which too failed and was dismissed by a Division Bench of the High Court by its order dated 5th July, 2011. The present appeal assails the correctness of the judgment passed by the High Court and that passed by the Armed Forces Appellate Tribunal. It also challenges the conviction of the appellant for the offence of murder and the sentence awarded to him by the Summary General Court Martial.