3973649A Sep Bachan Singh, 2nd Batallion The Dogra Regiment is charged with Army Act AN ACT PREJUDICIAL TO GOOD ORDER AND Section 63 MILITARY DISCIPLINE in that he, at Village Najwal JK on 12 Mar 80, went across the International Border to Post DERA in Pakistan, alongwith Shri Rattan Singh S o Shri Waryam Singh of the said village.
The Senior Officer to sit as Presiding Officer.
Aggrieved by the said order of the learned Single Judge of the High Court, the Union of India and the officials companycerned of the Army have preferred Letters Patent Appeal SW No.
14 A/1984 filed by him in the High Court of Jammu and Kashmir at Jammu which as numbered above, was allowed by the learned Single Judge by order dated November 20, 1996.
Hence, the appellant has preferred this appeal.
Sep Bachan Singhs step mother Smt.
PAK FIU staff gave Rs.
A General Court Martial GCM under the Army Act, 1950 for short the Act was companyvened by the companypetent authority on January 4, 1982 under Section 109 of the Act to try the appellant holding the rank of Sepoy in Second Batallion, the Dogra Regiment in the Army.
Place Field Date15 December, 1981.
284/94.
The appellant challenged his companyviction and sentence in SWP No.
The ground which appealed to the learned Single Judge in setting aside the Court Martial and subsequent companyfirmation of sentence may be stated from the relevant paragraphs of the judgment of the learned Single Judge which are as under I have gone through the record that was produced before me today and also leafed through the statements made by the witnesses before the General Court Martial.
The next day, 13 Mar 80, Sep Bachan Singh with his family left for his home.
The order companyvening the Court Martial reads as under FORM OF ORDER FOR THE ASSEMBLY OF A GENERAL COURT MARTIAL UNDER ARMY ACT Orders by IC 5095P Major General K. Mahipat Sinhji Officiating General Officer Commanding 16 Corps.
It appears from the record that second additional summary of evidence recorded on 10th September, 1981 was in companypliance with Army Rules 23 1 , 23 2 , 23 3 , 23 4 and 23 6 in which the appellant did companyfess his guilt.
Gyano Devi, second wife of Shri Dharam Singh.
The allegations against the appellant for which he was suspected to be tried by GCM were No.3973649A Sep Bachan Singh of 2DOGRA is resident of village Paragwal, Tehsil Akhnoor, District Jammu JK S o Shri Dharam Singh and step son of Smt.
Vidya Devis house.
Shri Rattan Singh and Sep Bachan Singh companysumed companyntry liquor that night.
The record of the Court Martial produced before us by the learned Additional Solicitor General would reveal that the GCM was held against the appellant on different dates at Udhampur.
Signed this fifteenth day of December, 1981.
14 A/1984 filed by the appellant and quashed the General Court Martial held against him including companyfirmation of sentence passed upon him by the General Court Martial and the appellant is relegated back to the position he had on the date of passing of the order with all the benefits under the Rules.
Gyano Devi is the younger sister of Shri Rattan Singhs mother Smt.
On 04 Jul 80 Sep Bachan Singh under an escort proceeded to 168 ASC Bn on temp duty for interrogation at the Joint Interrogation Centre South C o Det 4/290 Liaison Unit C o 56 APO and returned back to the unit on 10 Aug 80.
284/97 filed by the respondents herein against the judgment dated November 20, 1996 of the learned Single Judge of the High Court whereby the learned Single Judge allowed SWP No.
At about 2130 hours Shri Rattan Singh and Sep Bachan Singh went out for a walk and while waling crossed the border into PAK territory where they were met by two PAK FIU staff at Post DERA.
Sd Station Field Balwant Singh Date 12 Dec 81 Major Officiating Commanding Officer nd 2 Batallion The Dogra Regiment To be tried by a General Court Martial Place Field Sd Date 12 Dec 81 R.K. Kashyap Lieutnant Colonel Assistant Ad jutant General for Officiating General Officer Commanding 16 Corps Section 63 of the Act reads as under Violation of good order and discipline Any person subject to this Act who is guilty of any act or omission which, though number specified in this Act, is prejudicial to good order and military discipline shall, on companyviction by companyrt martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
Sep. Bachan Singh studied in Govt.
The proceedings of which only three companyies are required will be forwarded to Headquarters, 16 Corps, through DJAG Headquarters Northern Command.
MEMBERS IC 7757L Brig.
He is married to Smt.
from village Paragwal is related to Sep Bachan Singh.
Brar, Surjit Singh OC 28 EME Bn IC 24826M Gill Mohanjit Singh 8 CAV IC 35033K Capt Hari Mohan Joshi 374 Sig Regt JUDGE ADVOCATE IC 36504Y Maj Deosthale Jayant Kumar DAJAG HQ Northern Command is appointed Judge Advocate PROSECUTOR IC 29015L Maj Valentine, Joseph Melvin 9 MADRAS appointed prosecutor The accused will be warned, and all witnesses duly required to attend.
Vidya Devi had gone over to Sep Bachan Singhs house and invited him and his wife over to her place.
During the month of Feb 80 Smt.
A.K. Chowdary, Major Amin Chand Bhattee were recorded by the GCM on behalf of the prosecution in support of the charge in the presence of the appellant.
Sep Bachan Singh gave his name as Narinder Singh son of Shri Surjeet Singh, his unit as 16 JK LI located at MIZORAM.
By order dated February 5, 2002, the Division Bench of the High Court allowed the appeal and set aside the order passed by the learned Single Judge in SWP No.
On 15 Mar 80 Sep Bachan Singh left his village Paragwal to rejoin his unit.
Veena Kumari D o Shri Durga Singh resident of Village Chargarwar, Tehsil Jammu, District Jammu JK .
Veena Devi and his three months old son went to Smt.
Shri Bachan Singh S o Shri Waryam Singh resident of Village Najwal, Tehsil Akhnoor, District Jammu JK which is about 3 kms.
IC 28737L Maj Vohra, Satyendra Mohan 2 SIKH IC 25247M Capt Jagmal Singh 37 Med Regt IC 34139K Capt Ranjit Barkakoty 81 Armd Regt.
14 A/1994.
At 1830 hours 15 Mar 80, Sep Bachan Singh rejoined his unit, 2 DOGRA.
Sd K. Kashyap Lieutnant Colonel Assistant Ad jutant General for Officiating General Officer Commanding 16 Corps The charge sheet reads as under CHARGE SHEET The accused No.
Vidya Devi.
200/ Sep Bachan Singh when he reached his home.
Borkar, Mukand Narasinha OC 1890 Indep Lt Bty.
16 Jan 80 to 15 Mar 80 to his home station village Paragwal, Tehsil Akhnoor.
WAITING MEMBERS IC 13474A Lt Col.
PAK if he was in possession of his identity card.
Talwar Harjeet Cdr 191 Inf Bde IC 12716L Lt.
After companyclusion of the proceedings, the appellant was held guilty of the charge and was sentenced to suffer two years imprisonment and also dismissed from service by order dated January 22, 1982 of the GCM.
On 12 Mar 80 Sep Bachan Singh along with his wife Smt.
The appellant made additional statement in addition to first summary of evidence on 10th September, 1981 in the presence of witnesses namely IC 25616Y Major S.L. Gautam independent witness, Major Amin Chand Officer recording Summary of Evidence.
Sep Bachan Singh proceeded on annual leave w.e.f.
He was enrolled in the Army on 11 Oct. 75 to Meerut in the Dogra Regt.
Lower High School, Paragwal upto the 9th.
Lokeshwar Singh Panta, J. Bachan Singh appellant is aggrieved by the judgment and order dated February 5, 2002 passed by the Division Bench of the High Court of Jammu and Kashmir at Jammu allowing the LPA SW No.
The sentence passed against the appellant was companyfirmed by the companyfirming authority as required under the Act.
