SOWAR RAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SOWAR Ram Singh, a Sepoy in the Army, challenges in this writ petition, filed under Articles 226 of the Constitution, order passed by General Court Martial convicting and sentencing him on two counts; to death and subsequent orders confirming the aforesaid order on his statutory representations made.

(2.) AS per allegations, the petitioner is alleged to have killed two officers of the Army; Capt. Sanjib Kumar Nayak and Capt. Kuldip Thakur on May 28, 1987 with his service rifle. The petitioner was arrested and subsequently tried on charges framed on September 8, 1987-Annexure P. 1 under section 302 of the Indian Penal Code. Vide Annexure P. 2 the General Court Martial (for short called 'the GCM') recorded finding that the petitioner was guilty of the charges aforesaid. Vide order Annexure P. 3 dated April 26, 1988, sentence was announced to the petitioner that he should suffer death by hanging by his neck till he is dead. This order was subject to confirmation. Subsequently the death sentence was confirmed as communicated vide order Annexure P. 4 dated January 30, 1990. Copy of the order is Annexure P. 4/a dated July 24, 1989. A petition filed under section 164 (2) of the Army Act was rejected by the Central Government vide order communicated on December 20, 1990-Annexure P. 5.

(3.) THE following questions have been raised on behalf of the petitioner :