BALWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the court-martial proceedings held against him including the confirmation of sentence of imprisonment for life passed against him by the court-martial.

(2.) Briefly stated, the facts giving rise to this petition are that a general court-martial under the Army Act (for short 'the Act') was convened to try the petitioner for having committed murder of the deceased B.N. Tripathy on 30th May, 1992. After conclusion of the court-martial proceedings, the petitioner was held guilty of the offence of murder punishable under Section 302 Indian Penal Code and was sintenced to suffer inprisonment for life vide orders dated 26th May, 1993.. The petitioner filed a petition under Section 179 of the Act before the Chief of the Army Staff against his conviction and sentence and the same was dismissed vide orders dated 28th November, 1994.

(3.) The petitioner has challenged validity of the impugned order of conviction and sentence on the following grounds: