RANBIR SINGH Vs. GENERAL COURT MARTIAL

JUDGEMENT

(1.) On the charge of committing murder of Capt. S. K. Mitra of 15th Bn. Jat Regt., the petitioner-accused, a sepoy in the said regiment, was tried by the General Court Martial (ACME for short) and sentenced to suffer death by being hanged by neck till he is dead. The proceedings of the GCM are sought to be quashed on the grounds of violation of the provisions of the Army Act and the rules framed thereunder. It is prayed that after setting aside the conviction and sentence the petitioner be set at liberty.

(2.) The facts relevant for the purpose of deciding this petition are : that on 7-3-1984, an escort was detailed consisting of Nk. Hazari Singh as escort commander, sepoy Mohinder Singh, Nk. Rajinder Singh and the accused for Nk/Clk Rajinder Singh to take him on 8/03/1984, for medical examination for his summary court martial to ADS Nowshera. The petitioner was issued rifle 7.62 mm SLR Butt No.317 registered No. CK9322 and a magazine by the Kote NCO/ Hav Dhanpal Singh. Nk. Hazari Singh is stated to have collected 50 rounds of 7.62 mm SLR from Ratti Ram and in turn issued 10 rounds to the accused and 10 rounds to sepoy Mohinder Singh on 8-3-1984. Nk/Clk Rajinder Singh was taken by the escort to ADS Nowshera for medical examination. After the medical examination Nk/Clk Rajinder Singh was brought at Bn. Hqrs. for summary court martial. After reaching the unit location, escort party was replaced by another escort party consisting of Hav Mir Singh, Sepoy Satir Singh and Sepoy Baljit Singh. As Satbir Singh was not armed with any weapon, sepoy Mohinder Singh was oredered to handover his rifle with ammunition to him. After the escort party was relieved and before the summary court martial could commence the accused and sepoy Mohinder Singh were ordered to go away behind the tentfly which was pitched on the adjacent ground. Nk. Hazari Singh after returning behind the tentfly retrieved 10 rounds. After the summary court martial was concluded at about 12 noon Capt. S. K. Mitra came out of the court room followed by Nk/Clk Rajinder Singh, Maj RC Tiwari and Sub-Maj. Jagdish Raj Singh. After coming out of the Commanding Officer's room, Capt. S. K. Mitra was standing between the office of the Adjutant and the 21C. After handcuffing Nk/Clk Rajinder Singh, he was being taken to the ground opposite the office complex where the unit personnel had already assembled for promulgation. The moment Nk/ Clk stepped down the steps, he raised his left hand which immediately followed by rifle shots from behind the unit quarter-guard. Capt. S. K. Mitra got bullet hit and he fell down. Sub Hoshiar Singh attended the injured and after about 5-7 minutes Nk/N.A. Jagdish Singh came who gave first aid to the injured. With the help of Hav Jagbir Singh, Capt. S. K. Mitra was taken to ADS Nowshera where he was declared dead. The post-mortem was conducted and it was opined that the gun shot injury received by Capt. Mitra was the cause of his death. The accused is stated to have told Maj P.C. Tiwari, that he had fired upon the deceased. The accused was taken to the Commanding Officer and enquired as to why he has committed the crime to which he replied that injustice was being done which he could not tolerate and fired upon Capt. Mitral. When the accused was asked to return 10 rounds issued to him, he replied that he had fired all of them. Rifle was recovered and examined and it was found that the same had been fired recently. The forensic expert gave his opinion that the gun had been fired. The accused denied the charges and was tried by the GCM.

(3.) The GCM examined a number of witnesses, afforded the accused-petitioner an opportunity of' being heard and found him guilty for the commission of the offence punishable u/S.302, C.P.C. and sentenced him to death as stated earlier.