UNION OF INDIA & OTHERS Vs. KHEM CHAND

JUDGEMENT

(1.) The above mentioned special appeals have been filed against judgment and orders dated 10.2.2003 and 11.10.2002 passed by a learned Single Judge in Civil Misc. Writ Petition No. 3565 of 1981: Khem Chand Vs. Union of India & others and Civil Misc. Writ Petition No. 8723 of 1980: Satya Deo Giri Vs. Union of India & others respectively, whereby both writ petitions have been allowed with costs and order/verdict dated 21.1.1975 of the General Court-Martial convicting and sentencing respondents in both special appeals to suffer life imprisonment and dismissal from service and the order of Chief of the Army Staff rejecting petitions under Sec. 164 (2) of the Army Act, 1950 preferred against the aforesaid order/verdict of the General Court-martial have been set aside and respondents in appeals have been treated to be in continuous service till the date of their superannuation with all consequential benefits.

(2.) The facts giving rise to appeals in brief are as under :

(3.) Dead bodies of Havaldar- Ram Phal and Sepoy Jagannath were seen lying on the out skirt of Village-Bhattagaon, P.S. Sadar Bazar, District-Jhansi on 27.01.1974. An FIR in this regard was lodged same day at 2.00 P.M. at P.S. Sadar Bazar, Jhansi by one Manik Ram, Pradhan of Village Singhada. The first information report was investigated by Sub-Inspector S.K. Tiwari, the then Station Officer of P.S. Sadar Bazar, Jhansi. During the course of investigation, it revealed that Respondent-1 & 2, Khem Chand and Satya Deo Giri along with co-accused Ishanand Dubey were involved in the murder of Havaldar-Ram Phal and Sepoy Jagannath. Motive attributed behind the murder was an incident which had taken place on 19.1.1974. It is stated that in the evening of 19.1.1974 deceased Ram Phal and Sepoy Jagannath went to the house of Respondent 2 in his absence and tried to outrage the modesty of his wife Smt. Mira Devi. This incident caused great annoyance to Respondent-2 Satya Deo Giri and Respondent-1 Khem Chand also, as he treated Smt. Mira Devi as his sister. It is after this incident that Respondent 1 & 2 along with co-accused Ishanand Dubey hatched a criminal conspiracy to do away Havaldar-Ram Phal and Sepoy Jagannath. In order to execute the aforesaid plan, Respondent-1 Khem Chand collected a DBBL gun in the morning of 26.1.1974 and thereafter, Respondent 1 & 2 and co-accused Ishanand Dubey along with deceased Havaldar Ram Phal and Sepoy Jagannath Prasad went to jungle same day in the afternoon for playing Shikar where Respondent 1 shot dead Havaldar Ram Phal and Sepoy Jagannath Prasad in the presence of Respondent 2 and co-accused Ishanand Dubey.