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Synopsis

A Supreme Court Bench of Justice D.Y. Chandrachud and Justice Hima Kohli, while hearing a petition for remission, granted liberty to the appellant to move an application, considering that he has already undergone 17 years of imprisonment. 

The counsel for the petitioners submitted that certain conditions should be taken into account prevalent at the time of incident. Counsel brought to the Court's notice that the area of posting was a high tension region, and a denial for a leave on account of mother's and wife's ill health, seemed to have been added to the mental tension of the appellant. 

The Court, however, completely refused to consider the mental conditions and the reasons stipulated by the counsel. Justice Hima Kohli noted and said, "No counsel, he kept firing, even when the persons fell on the ground (nala), shows a different intention". Although the Court further noted that, "...he also has a family to look after to".

Previously, the Armed Forces Tribunal, Chandigarh on not finding any merits dismissed the writ petition which challenged the findings of the Summary General Court Martial, and was of the opinion that petitioner was rightly held guilty. And that the conviction and the sentence stands. 

The present matter goes back to the year 2006, when the petitioner was serving at a field area on active service with 55 Rashtriya Rifles (Grenadiers). It was alleged that he intentionally caused the death of Nb Subedar Gurmail Singh and L/Nk Lokendra Singh of 55 Rashtriya Rifles, by firing at them, who died as a result of the gunshot wound. The post mortem reports also corroborated the fact. Therefore, a Court of Inquiry was conducted by the authorities, and thereafter the petitioner was tried by the Court Martial, and on conclusion of the trial, the petitioner was held guilty and convicted and sentenced as under: (a) To be reduced to the ranks (b)To suffer imprisonment for life (c) To be dismissed from the service.

Subsequent to which, in 2012 a writ petition was filed under Section 103 of the Constitution of Jammu and Kashmir, read with Articles 226 and 227 of the Constitution of India in the High Court of Jammu and Kashmir at Srinagar, which on establishment of the Armed Forces Tribunal, was transferred to the Tribunal and was taken up under Section 14 of the Armed Forces Tribunal Act, 2007. 

The petitioner had challenged his conviction under Sections 69 of the Army Act/302 of Ranbir Penal Code by filing the writ petition for causing the death of Naib Subedar Gurmail Singh and Lance Naik Lokendra Singh of the Unit on 7th January, 2006 by intentionally causing their death.

 

CASE TITLE: Updesh Kumar vs. Union of India and Ors.