Supreme Court of India
Ex-gunner Virender Prasad v. Union of India & Anr.
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What the Court ordered
We find no reason to interfere with t he findings of fact recorded by the Court Martial as confirmed by the AFT thereby, holding, that the appellant was liable to be convict ed for the offence punishable under Section 69 of the Army Act for committing a civil offence of murder.
Judgment, page 4
From the headnote
Army Act, 1950: s. 69 – Civil Offence of murder – Court martial – Ac cused found guilty of murder and sentenced to life impris onment – Conviction and sentence affirmed by Armed Forces Tr ibunal – Appeal to Supreme Court – Held: Conviction is affir med – However, in the peculiar facts of the case, sentenc e of life imprisonment reduced to the period already undergone i.e. period of more than 14 years. Code of Criminal Procedure, 1973: s. 433- – Applicability of – Held: s. 433- is applicable t o a case tried for offence u/s. 69 of Army Act, 1950. Dismissing the appeal, the Court HELD: 1. There
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