In Brief
A sepoy in the Indian Army was court-martialled and dismissed from service after being charged under Section 326 IPC for assaulting a superior officer with a grass-cutting tool. The Armed Forces Tribunal set aside the dismissal order, finding procedural violations (signatures obtained in advance, denial of cross-examination opportunity, hasty proceedings) and inconsistencies between medical evidence and witness testimony. The Supreme Court upheld the Tribunal's judgment, applying the principle that when two reasonable views of evidence are possible, the one favouring acquittal must prevail. The Court also found clear violation of Army Rules regarding procedural fairness and opportunity to defend.
The lawyer headnote and full judgment text are available to registered users.