INDERPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 16th June, 1987, four Army Officers, Col.S.S.Sahota, Major Jaspal Singh, Captain B.K.Chottri and Captain A Shrivastava were murdered. Col.Sahota was Commanding Officer and Major Jaspal Singh was second in command of Unit 8 Jat. Captain Chottri was also an Officer of same unit while Capt.Shrivastava belonged to 302 Field Ambulance. These officers were murdered by Lance Niak Inder Pal Singh and Sepoy Mahavir, petitioners herein, also belonging to 8 Jat.

(2.) The General Court Martial was held between 16th August and 10th December, 1988. The petitioners were sentenced to death by Order dated 10th December, 1988. The petitioners preferred a petition under Section 164 (1) of the Army Act, 1954 (For short 'The Act') on 31st December, 1988 against the finding and sentence of the General Court Martial. By letter dated 13th February, 1991, petitioners were informed that the said petition was considered and rejected by the Central Government. By letter dated 7th October, 1992, petitioners were informed about rejection of their post confirmation petition dated 7th March, 1991 filed under Section 164(2) of the Act and hence this petition.

(3.) The petitioners were charged with the following offences:- "First Charges Army Act Section 69 (against both the accused. Committed a Civil Offence, that is to say. Criminal conspiracy, contrary to Section 120-B of the Indian Penal Code. In that they together, at field, between 28 May, 1987 and 16th June, 1987, entered into a conspiracy to do an illegal act, to sit to murder IC-1480 7N Col S.S. Sahota and IC-28739 W Maj. Jaspal Singh both of 8 JAT. Second Charge Army Act Section 69 (against both the accused.) Committing a civil offence that is to say. Murder, contrary to Section 302 read 720 with Section 34 of the Indian Penal Code. In that they together, at Field on 16th June, 1987, by causing the death of IC28739W Major Jaspal Singh of 8 JAT, committed murder. Third charge Army Act Section 69 (against accused No.l). Committing a civil offence, that is to say, murder, contrary to Sec-302 of the Indian Penal Code in that the, at Field, on 16th June, 1987, by causing the death of IC-41176A Cap B.K.Chottri of 8 JAT, committed murder. Fourth Charges Army Act Section 69 (against accused No.l). Committing, a civil offence, that is to say, murder, contrary to Section 302 of the Indian Penal Code. In that he, at Field, on 16th June, 1987, causing the death of MS-1173A Capt.A Shrivastava of 302 Field Ambulance committed murder. Fifth Charge Army Act Section 69 (against accused No.2.). Committing a civil offence, that is to say, murder, contrary to Section 302 of the Indian Penal Code. In that he, at Field on 16th June, 1987, by causing death of IC-14807N Col. S.S. Sahota of 8 JAT, committed murder."