KAILASH NATH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 3rd March, 1982 sentencing the petitioner, who was working as Ambulance Assistant in Military Hospital, Ramgarh Cantt., to suffer Rigorous Imprisonment for three years and also dismissing him from service in the Court Martial proceedings that had been held under the provisions of the Army Act, 1950 (hereinafter referred to as the ''Act'). The quashing of the order dated 12th April, 1982 of confirmation of sentence as also the order dated 27th August, 1984 by which his petition against the sentence was rejected by the Chief of the Army Staff have also been sought.

(2.) The petitioner who was working in the Military Hospital, Ramgarh Cantt was served with a letter dated 14th February, 1982 mentioning that he would be tried by a General Court Martial. Along with the said letter, copy of the summary of evidence and a copy of the charge-sheet dated 12th January, 1982 was also enclosed. The charge-sheet mentioned that he had committed civil offence by voluntarily causing grievous hurt to Subedar SKT(I) J.C. Philipose of the same Unit by fracturing his left forearm with a stick. He was thereafter informed that the General Court Martial will commence from 22nd February, 1982 and the Constitution of the Court was also indicated to him. He was also given an opportunity to give the names of the witnesses he desired to call in defence.

(3.) The case of the prosecution was that on 23rd September, 1981 at about 16:00 hours when Subedar SKT(I) Philipose was working in the store house, the petitioner came and set on the bench, but after a little discussion with him, he went away. A short-while later, the petitioner again entered the office and gave multiple stick blows to Subedar SKT(I) Philipose who ran out shouting. He was given medical treatment and it was found that he had sustained multiple injuries including fracture in left forearm. The matter was reported to the Commanding Officer and the petitioner was also taken into custody. The case set up by the petitioner was that it was for the prosecution to prove the essential elements of the charge and that except Subedar SKT(I) Philipose, no one else had seen the petitioner beating him. The General Court Martial found the petitioner guilty of the charges and sentenced him to suffer Rigorous Imprisonment for three years and he was also dismissed from service. This was confirmed with remission of 18 months Rigorous Imprisonment out of the sentence of three years. The petitioner then filed a petition before the Chief of the Army Staff pointing out that he had three minor children to support and he would be completely ruined if the punishment has awarded. He, therefore, pleaded for pardon so that he could serve the nation cheerfully for the rest of his life. This petition was dismissed by the Chief of the Army Staff and the petitioner was informed of this fact by the letter dated 12th August, 1984.