SUPREME COURT REPORTS [2010] 7 S.C.R.

having caused death of one of his colleagues (deceased). Court Martial proceedings were initiated against him u/s. 302 IPC r/w Section 69 of Army Act, 1950. According to prosecution on the day of the incident the accused made complaint to his superior officer that the deceased and PW3 had abused him. After making the complaint, he came to the barrack with a kitchen knife concealed in his ‘lungi ’ and stabbed the deceased on the right side of his chest, while he was sleeping in the barrack on a cot. PW-1 was the eye-witness to the incident. General Court Martial found the appellant guilty of the charges and sentenced him to 7 years RI and dismissed him from service for the offence punishable u/ s. 69 of Army Act r/w. 302 IPC. On revision, Confirming Authority held that once appellant is found guilty of the offence of murder, he could be either sentenced to life imprisonment or death sentence. General Court Martial, accordingly, revising the sentence, sentenced him to life imprisonment and dismissal from service. The same was confirmed by the Confirming Authority. A petition against the same to the Chief of Army Staff u/s. 164 of Army Act was rejected. Appellant-accused filed a writ petition contending that charge framed was vague and that facts of the case did not justify punishment of life imprisonment as the accused can be punished at the most u/s. 304 (Part-II) and not u/s. 302 IPC. High Court dismissed the writ petition. Hence the present appeal. Dismissing the appeal, the Court HELD: 1.1. The conviction of the appellant for the offence under Section 302 IPC is not bad in law. Under Exception I to Section 300 IPC, an injury resulting into death of the person would not be considered as murder when the offender has lost his self-control due to the A