SHITALA PRASAD SINGH RAMAKANT Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Manish Trivedi learned counsel holding brief of Sri S.P. Singh for petitioner. Sri S.S. Nigam, Additional Standing Counsel, Central Government appears for respondents.

(2.) The petitioner seeks a writ of certiorari for quashing the orders dated 19.6.1989 passed by the Chief of Army Staff on the Post Confirmation Petition submitted by Sri S.P. Singh, Advocate on behalf of No. 14471230 ex Gur Shitla Prasad Singh of 71 Med. Reg., the petitioner, under Section 164(2) of Army Act, 1950, finding him guilty of charge under Army Act Section 69 for committing a civil offence , that is to say, culpable homicide not amounting to murder, contrary to Section 304 of the I.P.C., vide the order dated 27.2.1988 of the General Court Martial signed by Col. Commanding Officer convicting the petitioner under Section 304, I.P.C, and sentencing him to suffer rigorous imprisonment for 2 years, and to be dismissed from service.

(3.) The petitioner was charged for committing a civil offence, that is to say, culpable homicide not amounting to murder contrary to Section 304 of the IPC, in that he at field on 22.8.1987, caused the death of J.C.-108596A Subedar Uma Shanker Misra of 71 Med. Regt. The charge sheet under Section 69 of the Army Act was prepared on 31.1.1988 by Col. Commanding Officer, 12 Kumaon, and that Col. S.K. Sharma for General Officer Commanding, 9 Infantry Division, by his order dated 3.2.1988 decided to try the petitioner by a General Court Martial.