JUDGMENT

DIPAK MISRA, J.

The present appeal, by special leave, is directed against the judgment of affirmation of conviction 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 confirmed the conviction 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”).

2. Be it stated, the initial order was challenged before the High Court of Delhi in W.P.(C) No. 7266 of 2009 and after coming into force of the Armed Forces Tribunal Act, 2007 (for short ‘the 2007 Act’) and the constitution of the tribunal the matter was transferred to the tribunal wherein it was treated as an appeal under Section 15 of the said enactment.

3. 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