JODH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The above writ petition has been filed by Naik (Lance Havildar) Jodh Singh under Articles 226 and 227 of the Constitution of India seeking the following reliefs :I. To quash the order Annexure P-1 of the General Court Martial convicting and sentencing the petitioner to suffer imprisonment for life;II. To quash the order of dismissal from service and reduced to ranks;III. that the petitioner may be ordered to be acquitted of the charges;IV. that the petitioner may be ordered to be reinstated in service with all consequential benefits; andV. That any other order deemed just and proper by the Court including the cost of the petition.

(2.) The petitioner was enrolled in the Indian Army on 24th September, 1976 as Naik (Lance havildar) No. 3974969F and wasposted to 11 Dogra on completion of basic training. During January 1992 he was serving in the Battalion in Nowshera Sector (JandK). On 20th January, 1992 while the petitioner was serving on forward post he received a telegram from his native village that his father was unwell. On 22nd January, 1992 his leave was sanctioned by his Company Commander who was at Kalsian base. The petitioner was prosecuted in Court Martial proceedings for causing the death of one Lance Naik Partap Singh No. 3979871X of the said Unit. The prosecution case against the petitioner briefly enumerated was as under :

(3.) That on January 24, 1992, the petitioner left the FDL 544 at about 10.30 hours along with the deceased L/Nk Pratap Singh for Kalsian Base via Karhali village. The deceased and one Nk Yash Paul, who was on sentry duty, protested to petitioner that the straight route normally taken for Kalsian Base should be adhered to. The deceased Pratap Singh also told the petitioner that he was not aware of the route to Kalsian Base via Karhali village. The petitioner did not heed to their protest and proceeded to Kalsian Base via Karhali village with the deceased Pratap Singh. After their departure from FDL 544, the petitioner at about 11.45 hours on January 24, 1992 re-appeared in the FDL 544 with a blood smeared bayonet in hand and said that he had killed L. NK Pratap Singh. At that time Nb/Sub Ghando Ram of 11 Dogra was also present in FDL 544. Nk. Yash Pal and Nk. Subedar Ghando Ram tried to apprehend the petitioner but he jumped and ran away towards Kharhali village. Shri Yash Paul informed the second-in-command telephonically about the alleged murder of lance Nk. Pratap Singh. A detailed searched to apprehend the petitioner and also to locate Pratap Singh deceased was immediately ordered. As such the petitioner was apprehended and brought back to the FDL 544. The dead body of Pratap Singh was also recovered at the instance of petitioner later on. Thereafter post-mortem of the dead body was conducted by the doctor. Subsequently after completion of various formalities, the petitioner was put to trial before the General Court Martial for the commission of offence of murder of Lance Nk. Partap Singh.