When the lights came on after a few minutes, the petitioner and the other accused were found standing near the place where Spr.
The Court Martial assembled on August 18, 1966 and companyducted its proceedings on several subsequent dates.
On the same date, the General Officer Commanding, Madras, Mysore Kerala Area had ordered the companystitution of the Court Martial under Ch.
But it is alleged that the Purbias were number given an opportunity to put up their show and were number given free a bottle of rum.
On September 2, 1965, a Court of Enquiry under the provisions of Ch.
The bara khana was to companymence at 2000 hours.
The petitioner went to the lines and it is alleged that the accused used filthy language while addressing the men.
Bishwanath Singh and the latter slumped to the ground.
The petitioner, how ever, submitted a written statement.
Sri Bashyam, Inspector of Police reached the place of occurrence at 0430 hours on the same date.
Bishwanath Singh and sent the dead body for postmortem examination to.
He sent the exhibits seized to the State Forensic Science Laboratory, Madras for chemical examination.
A case under s. 302, Indian Penal Code was registered as crime No.
A few of the Sikh jawans, including some of the accused, sided with the petitioner and there was a heated argument between the two groups on their way to the dining hall.
Bishwanath Singh to.
After the Counsel for the defence was heard and after the Judge Advocate summed up the case, the Court Martial came to the finding that the petitioner was guilty of culpable homicide number amounting to murder and that he was a member of an unlawful assembly and the petitioner was sentenced to cashiering and 6 years rigorous imprisonment.
As there was a delay in the assembly of the men at the dining hall, Maj.
Against the decision of the Court Martial the petitioner field a petition under s. 164 of the Army Act but the petition was dismissed by the companyfirming authority and the finding and sentence by the Court Martial was companyfirmed so far as the petitioner was companycerned.
In support of the case of the prosecu tion 30 witnesses were examined.
In the darkness tables, benches and plates were hurled about.
Some of the Purbias including the deceased Spr.
The petitioner thereafter filed an appeal under s. 165 of the Army Act to the Central Government but the appeal was dismissed.
At the trial the Counsel for the petitioner cross examined the witnesses for the prosecution and after the prosecution evidence was companycluded, the petitioner said that he did number intend to call any defence witnesses.
As the scuffle progressed, the deceased was surrounded by petitioner No.
It is alleged that accused No.
Agarwal arrived at the scene and took Spr.
At the variety entertainment Punjabis and Garhwalis took part and each party was given free one bottle of rum.
The lights went off for a second time.
They were companysequently aggrieved for this reason.
At the Court Martial, the defended by an Advocate of the Madras High Court, petitioner was Sri Natarajan and he was also as by assisted a friend of the accused Major T.B. Narayanan.
After the Court of Inquiry had companycluded the proceedings, a Court Martial was companystituted by an order, dated August 11, 1966 by Major General.
In August, 1965 the petitioner was posted as a Quarter Master and was transferred to Madras along with the Company.
3 hit him with a soot rake.
The lights went off for a few minutes and when the lights came on, it was observed that a scuffle was going on in the middle of the hall between the petitioner and other Sikh jawans and the deceased.
The variety entertainment companycluded at about 1900 hours at the end of which rum was issued to the jawans.
Bishwanath Singh protested against the use of such language.
ORIGINAL JURISDICTION Writ Petition No.
the mortuary, Madras General Hospital through Police Constable No.
1 and the other accused persons and the group moved towards the service companynter.
The petitioner did number join the first sitting but joined the second sitting which companysisted of about 30 to 40 men.
Bajpai wanted the case to be handled by the Military authorities.
6 was seen stabbing with a knife Spr.
1407, Ratnam.
F.D.A. Jesudian.
the MI room where he was found dead by Maj.
726/1965 at Pallavaran Police Station, Madras.
Most of the men ran out of the dining hall.
Bishwanath Singh had fallen.
It appears that on September 2, 1965 at about 0400 hours the matter was reported to the Civil Police by Second Lt.
Accused No.
Consequently, Maj.
Koley, the Medical Officer.
S.J. Sathe, General Officer Commanding, Madras, Mysore and Kerala area to try the petitioner and other accused persons.
32 of the Constitution of India for enforcement of the fundamental rights.
Agarwal.
The bara khana was served in two sittings.
Agarwal sent the petitioner to the lines to find out the cause for the delay and to get the men quickly.
118 of 1968.
At 1330 hours on the same date Sri Bashyam stopped further investigations as Lt.
Petition under Art.
He inspected the dining hall and seized certain exhibits produced by Maj.
Though the petitioner expressed regret, the men were number satisfied.
K. Daphtary, Attorney General, B.D. Sharma and R.H. Dhebar, for respondents Nos.
1 to 5.
The quarrel which started between the two groups earlier was companytinued in the dining hall.
Datta, for the petitioner.
The Judgment of the Court was delivered by Ramaswami, J. In this case the petitioner has obtained a rule from tiffs Court asking the respondents to show cause why a writ in the nature of certiorari should number be issued under Art 32 of the Constitution for calling up and quashing the proceedings before the General Court Martial No.
The petitioner was companymissioned in the Indian Army in February, 1964 and was posted as Second Lt.
He was also put various questions by the Court Martial to which he replied.
VI of the Army Rules to investigate into the case of the petitioner and the other accused persons.
He also held inquest on the deadbody of Spr.
