A.P. Subba, J.

1. By filing this writ petition under Article 226 of the Constitution of India, the petitioner an Ex. No. 164259 M Rfn/GD of 16 Assam Rifles seeks to challenge the order dated 19.7.2005 passed by the Army Court-martial convicting the petitioner and sentencing him to R.I. for six years and also dismissing him from service.

2. Briefly stated the facts are as follows: The petitioner, a rifleman, serving in 13 Assam Rifles availed of leave from 2nd June 2003 to 24th July 2003 and proceeded to Deoria, his home town in connection with his marriage. One Mr. Masood Alam whom he met when he was at Deoria asked him to procure a weapon from his place of duty for which he promised to pay Rs. One lakh. Similarly, one Md. Haroon whom he met at Gauhati when he was on his way back to resume his duty asked him to procure a weapon offering to pay him one lakh along with one Enfield motor cycle. The said Mr. Haroon also chalked out a detailed plan for the petitioner for stealing the weapon and amunition. Following up this plan the petitioner again applied for leave w.e.f. 9th Aug., 2003 to 28th Aug., 2003 and got the same sanctioned. After the leave was sanctioned he left the Uni