3173368H Sep L nk Inder Pal Singh and No.
Following the death sentence pronounced by the GCM on December 10, 1988 the appellants filed their application under sub section i of Section 164 on December 31, 1988 which was disposed of on February 13, 1991, that is, after a period of more than two years and one month.
The GCM found the appellant and one of the other two since dead guilty of the above charge and awarded them punishment of imprisonment for life and cashiering.
2138 of 1994 Inder Pal Singh V. Union of India J U D G M E N T K. MUKHERJEE.
Mahavir Singh next stated what at that point of time, rapid fire came from the drill shed side towards the COs jonga which was standing there.
On being examined further during crial PW 10 testified It is companyrect that I alongwith L NK Inder Pal Singh had killed the CO and 2IC on the orders of accused No.
In resisting the petition, the respondents companytended that having regard to the fact that the appellants companymitted the murders in a planned manner they deserved the sentence of death.
Thereafter the appellants moved their petition under sub section 2 of Section 164 on March 7, 1991 and this petition was disposed of after a delay of more than one year and six months.
They then moved the Delhi High Court with a petition under Article 226 of the companystitution of India wherein they companyfined their challenge to the sentence imposed upon them on the ground that the GCM did number take into companysideration the mitigating circumstances while awarding the punishment.
Those petitions were rejected and the findings and sentence recorded against thems were companyfirmed.
The appellant then approached the Delhi High Court with a petition under Article 226 of the Constitution of India which was also dismissed.
Simultaneously, he Mahavir Singh fired one round which injured Ranbirs hand and he fell down.
Aggrieved thereby the appellant presented a petition under Section 164 1 of the Army Act, 1950 Act for short wherein he prayed that the findings and sentences recorded against him be number companyfirmed.
The version of Inder Pal Singh PW 16 as regards the firing is that when he reached the office of the 21C he found that he was number there.
By its order dated December 10, 1988 the GCM held them guilty of the above offences and sentenced each of them to death.
W I T H CRIMINAL APPEAL No.
J. The above appeal and the two Special Leave Petitions were directed to be heard together as they relate to one and the same incident but having to the facts regard to the facts that over that incident two separate trials were held by General Court Martial GCM for short , assailing their verdicts two independent writ petitions were filed and the Delhi High Court dismissed them by two separate judgments, which are under challenge herein, we have heard them one after the other and proceed to dispose of them accordingly.
625 of 1996.
The GOC in C Eastern Command however rejected that petition and companyfirmed the findings and sentences of the GCM.
3174523 L. Sep Mahavir Singh, both of 8 JAT to companymit murders of IC 14807N Colonel SS Sahota and IC 28739H Major Jaspal Singh of the same unit, which was companymitted in companysequence of such abetment by the said Sep L NK Inder Pal Singh and Sep. Mahavir Singh.
2126 of 1994 Mahavir Singh V. Union of India W I T H CRIMINAL APPEAL NO.
Arising out of SLP Crl.
626 OF 1996 Arising out of SLP Crl.
Aggrieved thereby they presented petitions under Section 164 1 of the Army Act Act for short wherein they prayed that the findings and sentence of the GCM be number companyfirmed.
CRIMINAL APPEAL NO.
He then filed another petition in accordance with Section 164 2 of the Act which was rejected by the Central Government.
Hence this appeal.
1194 OF 1195 Army Act COMMITTING A CIVIL OFFENCE, THAT IS TO SAY Section 69 ABETMENT OF AN OFFENCE SPECIFIED IN SECTION 302 OF INDIAN PENAL CODE, IN CONSEQUENCE OF WHICH ABETMENT SUCH OFFENCE WITH COMMITTED, CONTRARY TO SECTION 109 READ WITH SECTION 34 OF INDIAN PENAL CODE.
in that they together, at Field, on or before 14 June, 1987, abetted No.
