GNR B D KHENTE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a Gunner with the Indian Army was charged of having used his service firearm to pump bullets, intending to cause the death of Subedar (AIG) Randhir Singh, and the firearm injuries caused the death on 28.06.2006. THE petitioner was tried at a General Court Martial at which 22 prosecution witnesses were examined and 1 defence witness was examined by the petitioner in his defence.

(2.) VERDICT of guilt being returned against the petitioner for the charge of murder, sentence imposed is to undergo imprisonment for life and dismissal from service. Appeal filed by the petitioner under Section 15 of the Armed Forces Tribunal Act 2007 registered as OA No.5/2009 has been dismissed by the Tribunal and a perusal of the decision of the Tribunal would reveal that the Tribunal has reappraised the evidence led at the Court Martial against the petitioner.

(3.) PW-11 and PW-12 deposed about having seen the petitioner standing near the body of the deceased with an INSAS rifle in his hand immediately after the firing. Corroborating further, in regards to the presence of the petitioner, at the spot immediately after the incident, PW-4, PW-5, PW-6, PW-7, PW-8, PW-9, PW-10, PW-11, PW-12, PW-16, PW-17 and PW-18 deposed that they rushed outside the OR Lines after the firing stopped and saw petitioner being caught by a few Jawans who brought him inside the OR Lines and tied him to a bed using ropes.