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2022 Supreme(SC) 525

B. R. GAVAI, HIMA KOHLI
Ex. Ct. Mahadev – Appellant
Versus
Director General, Boarder Security Force – Respondent


Advocates appeared:
For the Appellant(s) :Adeel Ahmed, Advocate
For the Respondent(s):B. Krishna Prasad, Advocate

JUDGMENT :

Hima Kohli, J.

1. The appellant is aggrieved by the judgement dated 3rd March, 2011 passed by the Division Bench of the High Court of Delhi dismissing a writ petition filed by him, registered as WP(C) No.6709/2008, wherein he had challenged the order dated 19th March, 2008 passed by the respondent No.4 herein convicting him to life imprisonment for an offence committed under Section 46 of the Border Security Force Act, 1968,1[for short ‘BSF Act’], that is to say for murder punishable under Section 302 of the Indian Penal Code, 1860,2[for short ‘IPC’]. By the impugned order, the Division Bench has upheld the order passed by the respondent No.2 - Appellate Authority, whereby the statutory appeal filed by the appellant was dismissed and the order dated 10th March, 2007 passed by the General Security Force Court was upheld, 3[for short ‘GSFC’].

2. The brief facts of the case are that the appellant, who was serving in the BSF, was tried by the GSFC in the year 2007, for committing an offence under Section 46 of the BSF Act, that is to say murder punishable under Section 302


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