(1.) CONVICTION and award of sentence by the General Court Martial and its confirmation whereby the petitioner has been dismissed from service and imprisoned for 10 years rigorous imprisonment is sought to be challenged through the present writ petition.
(2.) FACTUAL background as averred in the writ petition leading to the filing of the present petition is being noticed.
(3.) PETITIONER was appointed as Sepoy on on 9 -10 -1978, he came to be promoted as Lance Naik in 1981 and Naik on 15 -8 -1982, He earned further promotion as Havaldar in August, 1988. In the year 1992 he was posted at Asansole where an FIR came to be registered against him under section 307/34 Indian Penal Code. Petitioner was accused of causing injury to one Master Mohinder Pal Singh a Civilian with intent to murder him. On being handed over to the Army Authorities he was charged for offence under section 307 read with section 34 Indian Penal Code and a charge -sheet in terms of section 69 of the Indian Army Act came to be served upon him on 21 -2 -1995 with the following charge: