LAWS(GAU)-2002-7-43

BASANT NATH Vs. UNION OF INDIA AND ORS

Decided On July 31, 2002
Basant Nath Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India records a challenge to the decision taken by the respondents in a Geneal Court Martial, holding the petitioner guilty of committing of civil offence, i.e., murder, punishable under the Army Act, 1950 (hereinafter referred to as the Act) imposing on him the sentence of dismissal from service and imprisonment for life.

(2.) We have heard Ms. Rita Das, Mazumdar, advocate for the petitioner as well as Mr. P.N. Choudhury, Addl. Central Govt. Standing Counsel for the respondents.

(3.) The fascicule of facts necessary for the disposal of the instant application can be presented, thus :