Judgment :-

1. We have heard the learned counsel for the parties. The facts leading to this appeal are as under:

2. The appellant was enrolled in the Indian Army in the year of 1978 and was deputed to an Artillery regiment. On the 6th January, 2000 he along with two other Sentries, Naik Sajimon and Lance Naik Shaiju, was on security duty as the Guard Commander in the Technical Battery Area of 501 AD GP (SP). A 7.62 mm Self Loading Rifle bearing butt number 259 had also been issued to him alongwith 20 cartridges. It appears that there was an incident of stone throwing on the Guard Hut and the matter was reported to the Security JCO, Naib Subedar Amrender Kumar. The JCO issued instructions that a Quick Reaction Team be summoned. This Team reached the Guard Hut at about 10.30 p.m. and the vehicle was challenged by the Sentry on duty.

The Members of the Team came out of the vehicle and moved to the right and left as ordered to locate the intruder who had thrown the stones. At this stage the accused came running towards Naik Jityu Yadav, one of the members of the Quick Reaction Team, followed by Naik Sajimon KT who warned him that the person towards whom he, (the accused) was running w