UNION OF INDIA Vs. PRITHVI SINGH

JUDGEMENT

(1.) Respondents-Om Prakash and Gajinder Singh died during the pendency of appeal and appeal against them was allowed to abate. The instant appeal survives only against respondent-Prithvi Singh on whose behalf it is contended that the civil consequences ensuing from the abatement of appeal against respondent-Om Prakash and Gajinder Singh would not permit interference with the impugned judgment rendered by the learned writ Court, by virtue whereof the order of conviction and consequently order of dismissal stand quashed.

(2.) It is further contended on behalf of lone surviving respondent-Prithvi Singh that since the findings of General Court Martial are laconic and record has been destroyed in May, 2009 as reported by learned counsel for the appellant, therefore, this Court would not be able to scan the evidence and take a view different from the one taken by the learned writ Court.

(3.) Heard learned counsel for the parties and perused the record of writ Court.