JUDGMENT

M.K. Mukherjee, 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 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.

Criminal Appeal No. 1194 of 1995

2. While serving as a Major in the India Army the appellant R.S. Budhwar, along with two other officers, was tried by a G.C.M. in December 1988 for the follwoing charge.

"Army Act Section 69

Committing a civil offence, that is to say abetment of an offence specified in Section 302 of Indian Penal Code, in consequence of which abetment such offence with committed, contrary to Sectin 109 read with Section 34 of Indian Penal Code.

In that they together, at Field, on or before 14 June, 1987, abetted No. 3173368H Sep (L/NK) Inder Pal Singh and No. 3174523 L. Sep. Mahavir Singh, both of 8 JAT to commit murders of IC 14807N Colon