MAJOR UDAY NANGIA OFFICER S MESSOFFICERS TRAINING ACADEMY Vs. LIEUTENANT GENERAL GENERAL OFFICER COMMANDING-IN-CHIEF

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated 2-8-2005 passed by the first respondent, convening a General Court Martial under the Army Act to try the petitioner in respect of the offences alleged against him under secs. 306 and 498-A of I. P. C.

(2.) THE petitioner in the affidavit filed in support of the writ petition has in great detail narrated the facts which culminated in the passing of the orders impugned in this writ petition, but for the purpose of disposal of this writ petition the following brief facts alone are necessary.

(3.) THE facts in brief as culled out from the affidavit filed in support of the writ petition are that the petitioner is a Major in the Indian army. His deceased wife at the relevant time was working as an Instructor in the Officers' Training Academy (OTA), Chennai. On 23-12-2002 petitioner's wife sustained severe burn injuries all over her body when she was in her house. The petitioner also suffered burn injuries. According to the petitioner, the incident was on account of his wife's attempt to commit suicide. Both of them were taken to the Military Hospital by the neighbours and from there, they were shifted to Kilpauk Medical College Hospital. In respect of the said incident, a complaint was given to the Inspector of Police and the same was registered in Crime No. 774 of 2002 on 23-12-2002 and the first Information Report was sent to the Judicial Magistrate on 24-12-2002. On 24-12-2002, dying declaration of the petitioner's wife as well as the petitioner was recorded. Petitioner's wife succumbed to the severe burn injuries on 24-12-2002. On 26-12-2002 the Revenue Divisional Officer, chinglepet conducted an enquiry and recorded the statements of the relatives of the petitioner's wife. The jurisdictional police continued the investigation and recorded the statements of witnesses, etc. as required under the Code of Criminal Procedure. In the mean time, the case registered under Sec. 285 IPC was altered to one under Sec. 306 and 498-A I. P. C. The commanding Officer, O. T. A. by his letter dated 20-7-2004 addressed the judicial Magistrate to submit the case files and accordingly the case papers were sent to the Commanding Officer, O. T. A. On receipt of the case file, the first respondent, exercising his powers under Sec. 109 of the Army Act, by order dated 25-7-2004, convened a General Court Martial consisting of seven army Officers as Members to try the petitioner for the offences alleged against him. Subsequently, by order dated 2-8-2005, the first respondent modified the the composition of the said General Court Martial with five Army officers as Members. The writ petitioner in this writ petition challenges the validity of the order dated 2-8-2005 passed by the first respondent.