SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE detailed facts of the case need not be given as we intend sending the case file to the Magistrate's Court for complying with the provisions of Section 475 of the Code of Criminal Procedure, Section 70 of the Army Act read along with Rules 3 and 4 of the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952.

(2.) SUKHWINDER Singh, the appellant, has been convicted and sentenced under Sections 302 and 324 of the Indian Penal Code, for having caused the murder of Harbhajana Singh on 7th December, 1990.

(3.) MR . M.S. Gill, learned Deputy Advocate General, appearing for the respondent has urged that the cited case was distinguishable inasmuch as the Court had found that the trial was not vitiated and the conviction of the appellant thereunder was valid. We have considered this argument and find no substance in it. The Supreme Court held against the appellant on the ground that as a matter of fact an offer in terms had in fact been made to the Commanding Officer, but he had not exercised his right to order a Court Martial.