Judgment

Arijit Pasayat, J.—The Union of India, Chief of Army Staff (Army Headquarters), General Officer Commanding, Commanding Officer, 502, Area Defence Group and the Commanding Officer, 1, Corps, Artillery Brigade are in appeal against the judgment of a Division Bench of the Allahabad High Court directing the authorities to re-consider the question of sentence to be awarded to the respondent (hereinafter referred to as the ‘accused’). In the Court martial proceedings, the accused was awarded death sentence for having caused homicidal death of two army personnel and for having caused grievous injuries with the intent of causing murder of two others. The award of death penalty by the Court Martial was affirmed by the Central Government under Section 153 of the Army Act, 1950 (in short the ‘Army Act’).

2. Factual position as projected by the appellants in a nutshell is as follows:-

On 15.10.1991, the accused was on the quarter guard duty along with SCR Swamy, Y. Prasad and GS Pandey respectively (P.Ws. 4, 5 and 6). The first one was the Guard Commander and the other two were the sentries. The Rifle bearing butt No. 32 and registered No. BV- 3528 was being used by the sentries for perf