JUDGMENT :

(Sanjeev Kumar, J.)

1. The appellant was enrolled in the Border Security Force [“BSF”] as Constable (GD) on 16.04.1987 and was assigned to 93 Bn BSF on 04.06.1994. After his joining 93rd Bn BSF, the appellant was further posted to “F Coy” of the Unit. In the year 2000, the appellant was deployed at Forward Defence Location [“FDL”]-430 on the Line of Control in Poonch District of Jammu & Kashmir under operational control of 4 Grenadiers (Army Staff). On 25.09.2000, the appellant was deputed for night sentry duty at FDL-431 from 6 p.m. to 9 p.m., in buddy-pair, along with another Jawan of 4 Grenadiers (Army), namely, Sepoy Manoj Kumar.

2. It is alleged that the appellant left the place of duty with an excuse for having dinner but started consuming illegitimately procured liquor in violation of the standing instructions. When the appellant did not return for his duty till 9 p.m., Grenadier Manoj Kumar went to the bunker to call him for resuming his duties, he found the appellant in a state of intoxication who started abusing him. It is, however, alleged that, after some time, the appellant came out of his bunker without wearing belt, helmet and bullet proof jacket and asked