I.A. Ansari, J.

1. The respondent herein, namely, Kh. Iboton Singh, while working as a constable in 95 Bn. of the Border Security Force (in short, 'the BSF'), was arrested, on 15-12-84, by police in connection with Moreh Police Station Case No. 65 (12/1984) under Section 302 IPC on the allegation that he had stabbed to death constable Gharbaran Ram of 95 Bn. of BSF, the FIR against the accused having been lodged by the Coy. Commander, Moreh Coy. The BSF authorities exercised their discretion, under Section 80 of the Border Security Force Act, 1968 (in short, 'BSF Act'), to institute a General Security Force Court (in short, 'GSFC'). A GSFC was accordingly convened and the respondent herein faced the trial on the charge of having intentionally caused death of constable Gharbaran Ram, on 14-12-94, by stabbing him with a knife, and committing thereby the civil offence of murder punishable under Section 302 IPC, the case of the prosecution being, in brief, thus: On 14-12-84, while Barbar Keshab Thakur of 95 Bn. BSF was cooking chicken in the kitchen-room of Coy HQ, the accused-respondent was also present there along with constable Ghabaran Ram (since deceased). At that time, CQM