GURU VILLI BHIMA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Havildar clerk of army was tried by General Court Martial for culpable homicide amounting to murder. He was found guilty. He was sentenced to imprisonment for life, reduced in rank and cashiered. The order of the General Court Martial is contained in annexure-7. The order of the General Court Martial was confirmed by the General Officer Commanding the 23 Mountain Division, the officer authorised to confirm the finding and examine the General Court Martial under S.67, Army Act, as contained in Annexure-8. The petitioner in thin writ application under Arts. 226 and 227 of the Constitution, has prayed for a writ in the nature of certiorari for quashing those two annexures.

(2.) On 26-7-81 at 6.30 Hrs. Jayanti Devi Widow of Havildar clerk Sohanlal, lodged an information with the police that on the previous night at 12.30 somebody came to their quarter and knocked the door. Her husband, Sohanlal came out and told that the petitioner had come. On enquiry the petitioner stated that he had come to have his dinner at their house and both Sohanlal and the petitioner sat in the dining room. Both of them started drinking rum. When the informant came with snack, the petitioner addressed her as 'Madam' and requested her to sit and have some drink. The informant left the room. Sohanlal protested to the petitioner for calling his wife 'Madam' instead of sister. However, about after one hour both of them came down the Varandah and the petitioner requested Sohanlal to reach him to the gate because the sentry would not allow him to go out. Sohanlal accompanied the petitioner and went out of the house. The informant sent her nephew Rajesh to call back Sohanlal. After about five minutes, Rajesh returned and said that the petitioner was assaulting Sohanlal and Sohanlal had fallen down on the ground. The informant along with the others went there and saw that the petitioner was sitting on the chest of Sohanlal and was hitting him on the head by brick. When she asked him why he was assaulting her husband the petitioner stood up and ran away. Sohanlal was removed to Officers Headquarters where doctor declared him dead.

(3.) The Officer-in-charge of Lalpur Police Station took up investigation. The petitioner was arrested on 26-3-81 and was handed over to the police. A court of enquiry was convened by the General Officer Commanding, 23 Mountain Division. The court of enquiry was of the opinion that prima facie it appeared that the petitioner had murdered Sohanlal. It recommended for taking action against the petitioner under S.69(a) Army Act read with S.302, Penal Code. A General Court Martial under the Army Act was ordered for trial of the petitioner. A number of witnesses was examined in the General Court Martial and the petitioner was found guilty by the order as contained in Annexure-7 and the same was confirmed by Annexure-8.