LAWS(HPH)-1990-7-16

LALIT KUMAR Vs. UNION OF INDIA

Decided On July 12, 1990
LALIT KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Criminal Writ Petition, under Article 226 of the Constitution of India, assails the District Court Martial proceedings dated 6 -9 -1 89 (Annexure -A) and other orders like (Annexure -C), (Annexure -D) and (Annexure -R) available on the record of this petition.

(2.) The petitioner, Lalit Kumar is a driver of PH and HP Area, Signal Regiment Simla He was tried by the District Court Martial, Simla for commission of offence under section 304 -A of the Indian Penal Code, read with section 69 of the Army Act. The trial ended in the conviction of the petitioner and he was sentenced to suffer rigorous imprisonment for three months.

(3.) The case against the petitioner is that on 14 -10 -1987, while driving 1 -Ton vehicle, he met with an accident near Boileauganj resulting in the death of six persons. The allegation appears to be that while driving through the slope, the vehicle was in third gear and the speed of the vehicle was excessive with the result that the petitioner could not control the vehicle and result was that it struck the parapet and then rolled down. Number of witnesses were examined by the prosecution to sustain the charge against the petitioner The petitioner claims that on the basis of evidence that has been recorded during these Court Martial proceedings, no case has been made out against him and the Court Martial proceedings against him cannot, in these circumstances, be sustained. It has also been submitted that the decision on his petitions moved against the Court Martial order, are liable to be set aside being non -speaking and ; -how absence of application of mind which is a sine qua none of a fair and just procedure,