CHHANGANI, J.—Petitioner Hanuwantsingh has submitted this application under sec. 491 Criminal Procedure Code and Art. 226 of the Constitution of India, challenging the validity of his conviction and sentence recorded by a Court Martial Tribunal dated 3rd April, 1971 and subsequently confirmed by a competent authority on 8th May, 1971, and praying that his conviction and sentence be set aside and he be set at liberty.

2 The relevant facts are these—

The petitioner was holding the post of Naik and was posted as No. 1033540 in 27 Mountain Division Intelligence Field Security Company (hereinafter referred to as the Company) at the relevant time. One Ramlal was also working in the same company but in a different unit and was posted as IC-27-207/2 Lieutenant in 7 Composite Platoon. On 16th March, 1971 the petitioners was served with a charge sheet by Shri G. C. Kaul, Major Commanding the Company. The charge was that he used criminal force to his superior officer which was in reference to one Ramlal. A District Court Martial was formed under the orders of I-C, 1792 Major General I.M. Vohra, General Officer Commanding 27 Mountaia Division. During the trial the petitioner raised an objection

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