ANIL KUMAR SANGWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition has inter alia prayed for issuance of an appropriate writ, order or directions for quashing the proceedings of the General Court Martial and the order dated 22.09.1993 whereby and whereunder he was found guilty of committing civil offences, that is to say, murder contrary to Section 302 of the Indian Penal Code (hereinafter for the sake of brevity referred to as, 'I.P.C.' ) and attempt to murder contrary to Section 307 of I.P.C. whereby and whereunder he was sentenced to suffer imprisonment for life and dismissal from service. The said sentence has been confirmed with the order that the sentence of imprisonment for life shall be carried out by confinement in civil prison.

(2.) According to the petitioner, in relation to the second charge, the weapon, which was used, was allegedly a Carbine Machinegun having Butt No. 73. However, in relation to the first charge, the description of the weapon used had not been specified. The petitioner pleaded guilty to the aforementioned charges.

(3.) The contention of the petitioner, however, is that PW-6, who is witness to the seizure of the weapon, stated that the Butt No. of the weapon used was 70, which was confirmed from the records of the Chief Judicial Magistrate (hereinafter for the sake of brevity referred to as, 'the CJM'). It is also admitted that the matter relating to commission of offence was informed to the Civil Police and PW-18 reached the spot, seized the we4pon and registered a First Information Report ( in short, 'F.I.R.') being No. 173 of 1992, P.S. 201 under Section 302 of I.P.C. Later on, however, the investigation and trial was taken over by the Military Authorities.