NIHAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN an occurrence dated 22-10-1987 one Lal Singh was murdered. In this connection a case under sections 302, 325, 148, 149, 449 and 452 of the Indian Penal Code was registered against Nihal Singh and four others at Police Station, Mohindergarh. Nihal Singh is serving in the Indian Army and was on leave at the time of occurrence. The learned Magistrate committed the case in so far as four accused other than Nihal Singh are concerned and directed that Nihal Singh be handed over to the Military authorities. Against the said order the State of Haryana filed a revision which was disposed of by the Additional Sessions Judge, Narnaul, by his order dated May, 31, 1988. The revision petition was allowed and it was directed that Nihal Singh be also committed for his trial to the Court of Sessions. Accordingly, by order dated July 7, 1988 the committing Magistrate committed Nihal Singh to the Court of Sessions for his trial. Nihal Singh has assailed the order committing him for trial by the present revision petition.

(2.) IN response to the notice, besides the State of Haryana, the complainant has also appeared through Shri Hari Mittal, Advocate. It is conceded by both learned counsel for the complainant as well as learned counsel appearing for the State that in view of the provisions of section 125 of the Army Act and Section 70 of the said Act, the Commanding Officer has to decide whether Nihal Singh is to be tried by Court Martial or by the ordinary Criminal Court. In view of the above conceded petition which finds support from Ram Chander v. State of Haryana, 1911 CLR 314, the revision is allowed and it is directed that the trial court shall make a reference to the Commanding Officer under section 126 of the Army Act, 1950 and thereafter proceed in accordance with law. Decision under section 126 of the Army Act, 1950 with regard to Nihal Singh is likely to take some time. Pending that decision, the learned trial Court shall proceed according to law against the remaining accused. Parties through their-counsel are directed to appear before the trial court on February 12, 1990. The revision petition is disposed of in these terms. Petition disposed of.