Soldier killing his associate under delusion of terrorist attack, whether eligible for partial relief of imprisonment.. [Exgunner Virender Prasad Vs. Union of India & Anr.]

Section 69 of the Army Act, read with section 302 of the Indian Penal Code – Murder – Appellant was enrolled in signals corps and was posted in Kashmir- He was working as RADAR operator and was on good terms with deceased- Appellant contended that he shot the deceased in a delusion of military attack wherein he was firing in retaliation- According to appellant he was not in his senses at that time- After causing death of victim, Appellant surrendered before higher authorities ….