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AJAY KUMAR GUPTA
Ex. CT. Vijay Prakash – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. filing of writ petitions and background details. (Para 1 , 2 , 3 , 4 , 8) |
| 2. arguments concerning natural justice violations. (Para 12 , 13 , 14 , 16) |
| 3. witness testimonies lack corroboration and prosecution fails to prove alcohol influence. (Para 23 , 24 , 46 , 48) |
| 4. application of exceptions to culpable homicide. (Para 50 , 52) |
| 5. conclusion: conviction altered. (Para 54 , 55 , 56) |
JUDGMENT
1. Both writ petitions are taken up together for disposal by a common judgment since similar issues are involved in both the writ petitions filed by the petitioner, Ex. CT. Vijay Prakash.
FACTS LEADING TO FILING OF TWO WRIT PETITIONS:
2. In the first writ petition being WPA No. 31234 of 2017, the writ petitioner has assailed the order dated 04.04.2013 passed by the Director General, Boarder Security Force (herein referred to as The D.G, BSF), Block-10, CGO Complex, New Delhi -110003 in appeals/representations filed by the Jail Authority as well as through his counsel under Section 117 of BOARDER SECURITY FORCE ACT , 1968 (BSF Act) thereby declared the petitioner as guilty and further confirmed the judgment and order of conviction dated 17.04.2012 passed by Learned General Security
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