JANG SINGH Vs. UOI AND ORS.

JUDGEMENT

(1.) THE present intra -court Appeal has been filed by the appellant impugning the order dated September 29, 2000 passed by a learned Single Judge of this Court dismissing W.P.(C) No. 3511/1994 filed by the appellant. In the writ petition the appellant had challenged the verdict of guilt returned by the General Court Martial and sentencing appellant to undergo imprisonment for life, holding appellant guilty of having murdered Hav. Gurdev Singh on September 13, 1989 at around 17:15 hours.

(2.) BRIEFLY encapsulated, the facts leading to the filing of appeal are that the appellant was enrolled in the Indian Army and was attached as a Sepoy with the 832 Sikh LI Regiment on April 30, 1983. Rising through the ranks, the appellant was promoted to the rank of Lance Naik and in the year 1989 was serving at Khasa Post with the 15th Sikh LI Regiment.

(3.) IN the meanwhile, on September 13, 1989, Havildar Bhag Singh detailed Havildar Gurdev Singh as the duty NCO, but Havildar Gurdev Singh stated that he was not well and thus got his duty changed and rested in the bunker. The appellant was detained for sentry duty on September 13, 1989 for the second shift from 12:30 hours to 18:00 hours at the sentry post of No. 11 Platoon.