On receipt of the said information, the companycerned J.C.O. was sent to the police station where he saw that Dafadar Om Prakash was present.
I got hold of the knife and stabbed him Dafedar Ram Pratap on the chest so that he would leave my neck.
At the Barkhana venue some heated arguments took place between the appellant and Risaldar, Nand Lal Prasad, PW5, and in companyrse of argument said Nand Lal Prasad slapped the appellant.
As soon, I stood up on the Charpoy, be boxed me on my face.
Atul Kumar Bhat, PW15, reached the police station Babina about 1.50 a.m. and enquired from the accused about the details to which he companyfessed that he had stabbed the deceased.
He came back to the room after approximately 5 minutes.
While he was sitting in the charpai the deceased came into the room and caught hold of the neck of the appellant and pulled him towards his own locker.
7266 of 2009 and after companying into force of the Armed Forces Tribunal Act, 2007 for short the 2007 Act and the companystitution of the tribunal the matter was transferred to the tribunal wherein it was treated as an appeal under Section 15 of the said enactment.
36 which was recorded at the time of summary of evidence wherein the accused had admitted that the deceased and he were involved in a fight.
About 1.30 a.m. on 4.4.2006, information was received from the police station Babina by the 85, Armoured Regiment that a person belonging to their regiment had surrendered at the police station and stated that he had stabbed one person with a knife.
The appellant, as has been indicated hereinbefore, had stated thus After Squadron Dafedar Major left, Lance Dafedar Chunbad Prasad reached.
He was immediately shifted to the Army Hospital where he was declared dead.
The GCM also believed that part of the testimony of CW 7 wherein he had stated that from the companydition of dress worn by the accused, it appeared that he was involved in a quarrel, for the accused had a minor bruise on his right temple of the head.
The GCM referred to the evidence of Major Dr. M.C. Sahoo, PW1, and Dr. R.K. Chaturvedi, PW28, who had deposed that the stab wound injury inflicted on the chest of the deceased was sufficient in ordinary companyrse of nature to cause death.
Thereafter, Dafedar Ram Pratap went out of the room.
As the narration would further unfurl, the proceedings of the General Court Martial GCM under the Army Act was initiated by order dated 8.10.2006 passed by Major General A.K. Singh, General Officer Commanding, 31st Armoured Division.
The accused, in the meantime, had picked up the knife from the locker and kept it on the box.
However, the matter was defused with the intervention of Major Raj Nandan, PW4, who instructed Lance Dafdar Anil Kumar, PW6 and Lance Dafadar Murari Singh, PW7, to take the accused to his living barracks of Headquarter Squadron.
He said Madarchod Raste Me Charpoy Dal Kar So Raha Hai.
After the accused had left for the barracks of the Headquarter, about 12.30 a.m., Sowar Balwinder Singh, PW6, came to the line after finishing his duties allotted to him, and after entering the room switched on the light and found Dafadar Ram Pratap was lying in a pool of blood and blood was also oozing out from his mouth.
His vest got torn and was hurt on his back.
He fell on the ground between the two charpoys.
The facts necessary to be exposited for adjudication of this appeal are that on 3rd of April, 2006, a Barkhana was organized at 85, Armoured Regiment to bid farewell to the outgoing Risaldar, Major Madan Lal.
As per the prosecution version during the altercation and assault between the accused and Nand Lal Prasad, deceased Dafadar Ram Pratap had tried to intervene and was abused by the accused.
The said order was set aside by the learned Single Judge of the High Court against which the Union of India preferred a Letters Patent Appeal and that was allowed by the Division Bench.
A.K. Chowdary, Major Amin Chand Bhattee were recorded by the GCM on behalf of the prosecution in support of the charge in the presence of the appellant.
He fell on the box.
In the said case, the appellant therein faced the GCM and was found guilty of the charge and sentenced to suffer two years imprisonment and dismissal of service.
36 by Col.
In this regard, reference to the pronouncement in Bachan Singh v. Union of India and others7 would be seemly.
The appellant made additional statement in addition to first summary of evidence on 10 9 1981 in the presence of witnesses, namely, IC 25616Y Major L. Gautam, independent witness and Major Amin Chand, officer recording summary of evidence.
Be it numbered, the accused was charged for the offences under Section 302 of I.P.C. for intentionally causing death of Ram Pratap of his unit, but subsequently stood companyvicted for culpable homicide number amounting to murder under Part II of Section 304, I.P.C. As is demonstrable, the prosecution in order to substantiate the charge had examined as many as 31 witnesses and during the companyrt martial number of documents were exhibited.
He was going on posting.
That led the appellant therein to approach this Court in appeal by special leave.
After receiving the information from the J.C.O., the Commanding Officer, Col.
The challenge to the said document shows the hollowness of assault on the part of the appellant.
The appellant got hold of the knife and stabbed the deceased on the chest so that he would leave his neck.
I picked up my knife from locker and kept it next to me on the box.
The Court Martial relied on Exbt.
At that time I pushed him back with both hands.
The said statement has been proven during the GCM vide Exhbt.
He had also stated that the deceased in the room had abused him and tried to kick him but failed in the attempt and when the accused stood up on charpai the deceased boxed him on the face and at that time he pushed him back with both hands as a result of which he fell on the box and was hurt on his back.
It appears from the record that second additional summary of evidence recorded on 10 9 1981 was in companypliance with the Army Rules 23 1 , 23 2 , 23 3 , 23 4 and 23 6 in which the appellant did companyfess his guilt.
Thererafter, an F.I.R. was lodged by the Adjutant Captain Abhishek, PW3, and the accused was handed over to the Military Police.
As the statement further proceeds, the deceased left the room and came back within five minutes.
DIPAK MISRA, J. The present appeal, by special leave, is directed against the judgment of affirmation of companyviction and order of sentence passed by the Armed Forces Tribunal, principal Bench, New Delhi for short the tribunal in T.A. 617 of 2009 whereby the tribunal has companyfirmed the companyviction under Section 304 Part II, I.P.C. and the sentence of seven years of rigorous imprisonment imposed by the General Court Martial held at Babina in the State of Madhya Pradesh vide order dated 24.2.2007 and further has maintained the order dated 18.3.2008 passed by the Chief of Army Staff under Section 164 2 of the Army Act, 1950 for brevity the Act .
Rajiv Chib, PW27, along with Lt.
He came back to room and got hold of my neck and pulled me towards his own locker.
I kept sitting on the Charpoy.
Meanwhile, I was hit by a stick on my shoulder.
