Judgment

RAGHUBAR DAYAL, J. : Ram Sarup, petitioner, was a sepoy in 131 Platoon DSC, attached to the Ordnance Depot, Shakurbasti. As a sepoy, he is subject to the Army Act, 1950 (XLVI of 1950), hereinafter called the Act.

2. On June 13, 1962 he shot dead two sepoys, Sheotaj Singh and Ad Ram and one Havildar Pala Ram. He was charged on three counts under S. 69 of the Act read with S. 302 I.P.C. and was tried by the General Court Martial. On January 12, 1968 the General Court Martial found him guilty of the three charges and sentenced him to death.

3. The Central Government confirmed the findings and sentence awarded by the General Court Martial to the petitioner. Thereafter, the petitioner has filed this writ petition praying for the issue of a writ in the nature of a writ of habeas corpus and a writ of certiorari setting aside the order dated January 12, 1968 of the General Court-Martial and the order of the Central Government confirming the said findings and sentence for his release from the Central Jail, Tehar, New Delhi, where he is detained pending execution of the sentence awarded to him.

4. The contentions raised for the petitioner are:, (1) That the provisions of S. 125 of the