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, CQMH Mazumder came there and enquired as to why so many children were, dining in the kitchen-room daily. Constable Ghabaran Ram replied by saying that the children had been dining there since long. Reacting to what constable Gharbaran Ram had said, the accused remarked by replying that his child had taken food in the kitchen only once and he (the accused) would make payment for the same. Ghabaran Ram retorted by saying as to who he (the accused) was to make the payment. Following exchange of words between the accused and the deceased, a scuffle took place between them and both of them hurled abuses on each other. The deceased, then, left for the barrack, but the accused remained inside the kitchen-room. Shortly thereafter, Ghabaran Ram was heard shouting, "Iboton sale aoo; main batata hun." It was quite a dark night and as the deceased shouted exhorting the accused to come out of the kitchen-room, the accused also replied by saying, "Sale mareko mat bulao, accha nahi hoga." Barbar Keshab Thakur, in the meanwhile, went to fetch water and the accused went out of the kitchen-room. Moments thereafter, Barbar Keshab Thakur heard HC Lal Bahadur and constable Choubay Singh uttering, "Ghabaran Ram ko marker Iboton bhag gaya" or words to that effect. The other witnesses had also heard the deceased exhorting the accused to come out and the accused uttering to the effect that he was coming out and, two or three minutes thereafter, the deceased was seen coming back towards the door of the kitchen with injuries on his person and a knife in his right hand, the deceased holding the grip of the knife pointing towards himself and blade towards the opposite direction. Looking at the condition of injured Ghabaran Ram, HC Lal Bahadur Chetri asked the injured as to what had happened to him and the injured replied by saying, "Iboton ne maar diya" or words to that effect. The injured was, then, taken to Moreh hospital and while undergoing treatment there, the injured succumbed to his injuries. The accused disappeared in the darkness and remained untraceable. Pursuant to an FIR lodged by Coy. Commander, a case was registered, as mentioned above, against the accused. Thereafter, the accused was arrested and put on trial as indicated hereinabove.

2. In support of their case, the prosecution examined as many as 13 witnesses. The statement of the accused was, then, recorded. The accused also adduced evidence by examining himself as a witness, his case being, briefly stated, thus: An altercation had taken place between him and the deceased inside the kitchen-room. HC Nirmalaya Mazumder got them separated and sent the deceased towards his living barrack; whereas the accused stayed back inside the kitchen-room. While leaving the kitchen-room, the deceased abused the accused. Thereafte