HAVILDAR SURENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties and the record pertaining to the Summary Court Martial Proceedings against the petitioner has been perused.

(2.) AT the outset, it may be noted that the record does not evidence any advice by the Deputy Judge Advocate General to record Additional Summary of Evidence, to test the authenticity or veracity of any statement made by the recruit Upender Prashar as pleaded in paras 9 and 10 of the writ petition. Learned counsel for the petitioner had been given an inspection of the record, as recorded in the order dated 28.1.2011, and makes a statement in Court today that the record belies the assertion of the petitioner in paras 9 and 10 of the writ petition.

(3.) RECRUIT Upender Prashar PW-1 deposed against the petitioner. RECRUIT Dhananjay Kumar and RECRUIT Daya Kishan corroborated RECRUIT Upender Prashar as PW-2 and PW-3 respectively. L/Nk Neel Kumar, Hav.Gurbaksh Singh and Subeder B.L.Parate who appeared as PW-4, PW-5 and PW-6 respectively deposed that upon hearing commotion they reached the bed of Upender Prashar who told them of what had happened and that the petitioner was present at the spot.