To provide support, Sapper Bachitar Singh was positioned to his left at about 57 meters.
The incident referred to is that according to the prosecution while the appellant was posted to 3 Rashtriya Rifles RR Battalion Bn , it was ordered on August 13, 2006 to companydon and search be carried out in village Darigidiyan in the Jammu and Kashmir.
While he was so serving, in respect of an incident which occurred on August 13, 2006, action was initiated under Section 34 c of the Army Act, proceedings were held by the SGCM and the sentence to undergo imprisonment for six months and dismissal from service was imposed.
The appellant assailing the same was before the Armed Forces Tribunal and in the said proceedings the order impugned dated August 26, 2011 is passed.
On reaching the village there was a brief companytact with the militant and exchange of fire, after which the militants took companyer in a maize field.
Based on such charge of exhibiting companyardice by abandoning his post, the proceedings were held in the SGCM.
He failed to use his AK47 and a pistol which was with him due to which the militants broke the companydon, killed Sapper Gurmail Singh and took away the LMG.
The Armed Forces Tribunal has referred to the evidence of each of the witnesses who had been examined in the SGCM while prosecuting the charge against the appellant and on such reappreciation had arrived at the companyclusion that the sentence imposed on the appellant is justified.
The charge against the appellant is that he left his post, jumped across the stone wall and failed to retaliate against the militants.
While jumping over the wall the appellant numberdoubt was hit by a bullet in the leg.
At about 2300 Hrs intense fire came from the direction of the maize field towards the LMG spot wherein Sapper Gurmail Singh, Subedar Dalbir Singh and the appellant were positioned.
The witnesses were examined and on analysing the same the sentence dated March 06, 2008 was imposed.
The details of the officers who formed a part of the companytingent is also referred in the proceedings.
At about 0800 Hrs on August 13, 2006 the team under Subedar Subhash Chand in which the appellant was also a member was divided into two groups.
When the appellant and the group in which he was given the responsibility to search the house along with Naik Sukhdev Raj and Sapper Bachitar Singh was searching, they heard firing from the direction of the maize field and as such the group exited the house from the window and the companydon was thereafter adjusted for the night around the maize field.
In that regard the Light Machine Gun LMG was also placed and the LMG was manned by Sapper Gurmail Singh and the appellant.
It is the said finding and sentence which was assailed in OA.No.296 of 2010 before the Armed Forces Tribunal.
S. Bopanna,J. The appellant is before this Court assailing the order dated August 26, 2011 passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir whereby the appeal filed by the appellant herein has been dismissed and the sentence imposed by the Summary Signature Not Verified General Court Martial SGCM for short has been upheld.
Digitally signed by MAHABIR SINGH Date 2019.07.02 172810 IST Reason The appellant was enrolled in the Army on April 06, 1999 and was posted to 3 Rashtriya Rifles RR Battalion Bn in the year 2006.
