NITIN SHANKAR KADKOL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this petitioner under Article 226 of the Constitution of India challenging the order passed in Court-martial proceeding and Judicial Review of trial by the Chief of Naval Staff whereby the petitioner was sentenced to suffer imprisonment for life for having committed the murder of his wife and he was also directed to be dismissed with disgrace from Naval Service.

(2.) THE petitioner was working as an Engineering Mechanic, 1st Class on ins Angre in the Indian Navy. A charge was framed by the Commodore, Commanding Officer, INS Angre dated 13-12-1996 in which it was alleged that (a)on 29-1-1994 while he was residing at 28, Khukri Hostel, Navy Nagar, Colaba, he subjected his wife-Padma to cruelty and harassment with a view to coerce her and her relatives to meet his unlawful demand of cash etc. and thereby committed an offence under section 498-A of the Indian Penal Code read with section 77 (2) of the Navy Act, 1957 and (b) that on 29-1-1994 between 2000 hrs. and 2300 Hrs. the petitioner caused death of Padma by pouring kerosene on her person and putting her on fire and thereby committed an offence under section 772 (2) of the Navy Act, 1957.

(3.) THE brief facts are as under: