Ex Rfn Lakshman Singh vs UOI & Others on 20 November 2025

ORDER

20.11.2025 Respondents Under Section 15 (e) of the Armed Forces Tribunal Act 2007, the applicant has filed MA No 418/2025 in OA (A) No 02/2025 praying for suspension of sentence dated 15/6/2023 vide which the applicant has been sentenced to undergo Life Imprisonment awarded by the Summary General Court Martial Conducted at Field under AOR of 25 Infantry Division wef 26/3/2023 till final disposal of the Appeal. The applicant was convicted for cold blooded murder of Sub Jangbir Singh of his Unit. We have heard the counsels for both the placed on record on the application filed by' the applicant for suspension of sentence awarded to him. abrties and perused the material

3. On perusal of material placed on record, the Summary General Court Martial has awarded punishment to the Applicant under Section 59, of the Army Act for committing an offence, that is to say, murder of Sub Jangbir Singh contrary to Section 302 of the Indian Penal Code wherein he was sentenced to suffer Imprisonment for life and to be dismissed from service. The Order was confirmed on 26/9/2023 and promulgated on 09/10/2023. The applicant was accordingly handed over to District Jail, Dhangri, Rajouri on 09/10/2023 and in order to serve the sentence awarded to him was further transferred to Central Jai, Jodhpur on 22/9/2025.

4. During the course of hearing, counsel.for the applicant submits that the Summary General Court Martial proceedings were vitiated as there were procedural lapses and there was insufficient material to prove the guilt of the applicant. The applicant was convicted solely on conjectures and without any eye witness account which was merely based on circumstantial evidence and, therefore,there is every likelihood that the applicant may be acquitted from the sentence awarded by the Summary General Court Martial held on 15/6/2023.

5. Counsel for the Respondents strongly opposed the arguments of the cOunsel for the applicant and submits that prima facie full opportunity was afforded to the applicant during the trial to defend himself.

6. We have heard the counsels for the parties and perused the record.

7. Perusal of record reveals that the PW-4, Dr Javed Igbal in his deposition before the Court of Inquiry, státed that he had carried out the Postmortem of Sub Jangbir Singh on 17/12/2021. He further submitted that the JCO had died due to Hypovolemic Shock followed by Cardio-Respiratory Arrest due to Multiple Bullet injuries. Further, PW-4, No 16024762P Naik Satish Singh of 15 Rajputana Rifles, deposed that he saw the acCused Rfn Lakshman Singh, between 'Motor Pit' and living of Sub Jangbir Singh. Thus, perusal of material on record reveals that sufficient and cogent evidence that the accused applicant fired upon the deceased Sub Jangbir Singh, resulting in his death due to multiple bullet injuries, Whicn reflects that it cannot be said that death is result of merely an accident, Dut was d calculated act on the nart of the acused applicant and it also showS the is Own Battalion. Therefore. the plea of the applicant for suspension of sentence awarded to him is liable to be dismissed being devoid of mer.. depravity of the applicant and, hence, he does not deserve any mercy for killing a

8. Taking note of overall facts and circumstances and the material placed on record, at this stage we are not incined to release the applicant by Suspending ne sentence and MA filed for suspension of sentence is accordingly dismissed.

9. Counsel for the Respondents is directed to file their Reply Statement in this matter for final hearing before the next date of hearing. Respondents shall also keep ready the entire record including the Court of Inquiry, Postmortem Report and related material for perusal of this Court.

10. List OA (A) No 02/2025 in the next to next Physical Hearing as and when held at ircuit Bench, Armed Forces Tribunal, Jodhpur.

11. (SANJIV MITTAL) MEMBER (A) cda/ MA No 418/2025 stands disposed off. (GOVERDHAN BARDHAR) MEMBER (U)