- (1.) The present appeal takes an exception to the Judgment and Order passed by the Armed Forces Tribunal (hereinafter referred to as "AFT") in T.A.No.284 of 2011 whereby, the appeal of the present appellant against the order of Court Martial dated 21.08.2004 was dismissed.
(2.) The brief facts of the present matter are as follows: The present appellant was enrolled in Signals Corps and was posted to HQ & Radar Battery of 20 Surveillance and target acquisition regiment since 01.10.2002. The appellant was deployed at Peer Badeshwar Radar Post and reported to the post on 12.05.2003. The deceased Gunner Sushil Kumar was of the same unit i.e. 20 Surveillance and target acquisition regiment and was working as Radar Operator and was stated to be on good terms with the appellant. On the date of incident i.e. 30.06.2003, the present appellant shot the deceased GunnerSushil Kumar, while, in a state of sleep. The appellant contended that he shot the deceased in a delusion of a militant attack, wherein he was firing in retaliation. According to the appellant, he had no control over his senses. In the said incident, the appellant fired a complete magazine of rifle ammunition, which resultantly caused the death of the deceased. The appellant thereafter, came out of his tent and surrendered himself to his Senior Authorities and confessed his guilt. Thereafter, investigation was carried out and police registered the case and submitted a challan before the Chief Judicial Magistrate, Rajouri. However, on the request of the Army Authorities, the challan and the appellant along with all the seized items was handed over to Army Authorities for trial. The appellant was charged under Section 69 of the Army Act for committing a civil offence of murder, contrary to Section 302 of the Ranbir Penal Code. A Court Martial was conducted and in all 15 witnesses including a Psychiatrist was examined. In the Summary General Court Martial, the appellant was found to be guilty of murder and was sentenced to life imprisonment and was dismissed from service. Thereafter, the appellant challenged the said Judgment and Order of conviction passed by the Court Martial, before the Ministry of Defence and the Chief of Army Staff by filing petition under Sections 164(2) and 165 of Army Act. The same was dismissed by the Union of India vide order dated 22.05.2007. Thereafter, the appellant preferred a writ petition in Delhi High Court, which was subsequently transferred to the AFT on its formation. The AFT, dismissed the said appeal filed by the present appellant vide the impugned order. Hence, the present appeal.
(3.) We have heard Mr.B.K.Pal, Ld. Counsel for the appellant and Mr. Vikramjit Banerjee, Ld. Additional Solicitor General, for Union of India.;