SEPOY SULAKHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition by Sepoy Sulakhan Singh of 20 Punjab Regiment, Fazilka for quashing orders filed as Annexures 'D' 'E' and 'F' to the writ petition. Annexure 'D' is the Charge-sheet as well as orders of the Officiating General Officer Commanding directing the trial of the petitioner by General Court Martial for an offence under Section 302 Indian Penal Code.

(2.) The petitioner was charged along with three others for committing murder of Hav. Lekh Ram on the night of 2/4/1983 & 3/4/1983 by causing his death. Annexure 'E' is the finding of the Court Martial finding the petitioner, Sulakhan Singh as guilty of the charge. The finding was announced subject to confirmation, and was awarded the sentence of imprisonment for life and also to be dismissed from the service. Annexure 'F' is the order of confirmation dated 19/5/1984 confirming the finding and sentence dated 4/2/1984. The appeal against the confirmation of conviction and sentence was dismissed by the Authority on 6/3/1986.

(3.) The aforesaid findings and sentence have been challenged on the following three gounds :-