Jammu and Kashmir Court December 1971 Judgments
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Rachpal Singh Vs. Summary General Court Martial and ors.
Court: Jammu and Kashmir
Decided on: Dec-20-1971
Reported in: 1973CriLJ1036
Jaswant Singh, J.1. This petition which challenges the trial and conviction of the petitioner under Section 302 of the Indian Penal Code by a Summary General Court Martial has been referred to this bench by one of us for it raises an important question relating to the interpretation of Section 70 of the Army Act, 1950 (Act XLVI of 1950), hereinafter called 'the Act', on which there is no authoritative pronouncement either of the Supreme Court or of this Court.2. It appears that the petitioner who was a Rifle Man belonging to 9 J. and K. Rifles, a part of the Defence Services of the Union of India, and as such subject to the Act, was charged with the offence of murder under Section 302 of the Indian Penal Code for causing the death while on active service, at field, of one Mohamad Hussain, a civilian, on the night intervening 12th and 13th of June, 1968. He was tried by a Summary General Court Martial (consisting of three officers viz., respondents Nos. 1 to 3) convened by the General O...
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