RAJBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Rajbir Singh, was a Sepoy in the 2nd Battalion of the Jat Regiment of the Indian Army. He was tried by a General Court Martial, convicted for the offence of murder and sentenced to imprisonment for life. By this petition under Article 226 of the Constitution of India, the legality and validity of the proceedings of the General Court Martial are being challenged. The charge framed against the petitioner was under Section 302 of the Indian Penal Code. He was found to have shot dead his superior officer, Subedar Ram Sarup, on 29th June. 1983 at about 8.25 p.m. The incident happened at a field station in the Eastern sector somewhere in Tripura where the 2nd Battalion of the Jat Regiment was on active duty.

(2.) According to the petitioner, he was posted in the 'C' Company of that Battalion which Company was deployed further away from the Battalion Headquarters. He was sent back to the Headquarters from his Company to undergo an educational course. The deceased Subedar Ram Sarup, was the officiating Subedar Major of the Battalion and in that capacity was posted at the Headquarters.

(3.) An admitted fact is that prior to the shooting incident, on 25th June, 1983, the officiating Subedar Major detailed the petitioner berein for patrolling duty. According to the counter-affidavit filed by the respondents, the personnel of that party were briefed about two hours before their departure and at that time the petitioner did not make any grievance about his inability to accompany the party on account of his torn jungle boots. According to the petitioner, however, be made an official report about his jungle boots being torn when the patrol party was asked to fall in for proceeding on that duty. It is his case in paragraph 6 of the petition that at that time he pointed out that because of his torn boots it would r.ot be possible for him to proceed as the terrain where the patrol party was to march, was full of leeches, mosquitoes, thorns and stones. It appears further that when he complained about his inability to join the patrol party, Subedar Ram Sarup scolded him. The petitioner's version is that he was abused in very foul language. The respondents' case is that on being scolded tor making excuses, the petitioner herein at point blank range, firedtwo short from the self-loading rifle which had been issued to him. at Subedar Ram Sarup and killed him on the spot. The conversation between petitioner and the deceased was heard by a number of military personnel. The shots were heard by quite a few others, including one officer Lt. Thakur Karan Singh. The petitioner was over-powered. The rifle and the magazine containing 18 live rounds were snatched from him. His jungle boots were taken into custody and two fired empty cartridges were recovered from the spot. The petitioner was put under arrest on the morning of 30th June, 1983. The dead body of Subedar Ram Sarup was taken in a truck to a hospital in nearby town Kanchan Pur for post mortem and an F.I.R. was got registered at Police Station Kanchan Pur by Lt. Thakur Karan Singh.