Force, the procedure laid down by section 549 , Criminal Procedure Code, should have been follower and that the conviction and sentence, without following the said ... Code, reads as follows:-
"549( (1). The Central Government may make rules, consistent with this Code and the (Army Act) (The Naval Discipline
compared with
the proceedings in a criminal court under the Cr.P.C where
adjournments have become a matter of routine though that is
also ... significant degree, a specialised part
of overall mechanism by which the military discipline is
preserved. It is for the special need for the armed forces
dealing with the case of
a person belonging to a disciplined force. The murder was not only cruel
and brutal but also r\pre-planned ... impugned provision as to death
penalty in Section 302, Penal Code on the ground of reasonableness
in the light of Articles
indeed luculent that the prescribed procedure as elucidated in
the Cr.P.C . and the Rules both of which are extracted hereinabove
were not adhered ... great judges have
constantly admonished their brethren of the need for
discipline in observing the limitations. A judge must not
rewrite a statute, neither
Sowar Ram Singh vs Union Of India (Uoi) And Ors. on 14 January, 1992
Equivalent
