In Brief
Ex-Gunner Virender Prasad challenged his life sentence imposed by a Court Martial for shooting and killing a fellow soldier, Gunner Sushil Kumar, while asleep in 2003. The appellant claimed he acted under the delusion of a militant attack while posted in terrorism-affected Kashmir. The Supreme Court upheld the conviction under Section 69 of the Army Act, 1950 but reconsidered the sentence. Finding that the appellant had already served over 16 years (exceeding the 14-year minimum), demonstrated excellent jail conduct, and acted under exceptional circumstances, the Court held the sentence disproportionate and ordered his immediate release.
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