EX-SEPOY PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was tried by the General Court -martial for an offence of murder. He was found guilty. He was sentenced to imprisonment for life and was also ordered to be dismissed from service. Aggrieved by the order, the petitioner has approached this Court through the present writ petition.

(2.) MAJOR S.S. Johal, learned counsel for the petitioner , has argued the case at considerable length. However, he has ultimately prayed that if the petitioner is now released, he would not press his challenge against the conviction. According to the learned counsel, the petitioner has already undergone more than 10 years of imprisonment.

(3.) THE alleged incident is said to have taken place on November 19, 1984. The petitioner is alleged to have shot Naik Mukhtiar Singh. It is the admitted position that the action of the petitioner was not "the result of any planning and was just spontaneous. In fact, there is no conclusive evidence even regarding the motive of the crime. Still further, learned counsel for the petitioner has stated that during the pendency of this case, the petitioner's only child as well as this wife have, died. He further submits that the petitioner was a member of Disciplined Force and his conduct even while in jail has been in conformity with the high standard expected from a member of the Indian Army. In view of this factual - position, Maj. Johal submits that the petitioner's sentence for life be commuted. to that already undergone and that he be released forthwith.