JUDGMENT :

T.S. THAKUR, J.

Criminal Appeal No.242 of 2012:

1. High Court of Delhi has, while dismissing writ petition No.4652 of 2010 filed by the appellant, affirmed the orders passed by the Armed Forces Tribunal, New Delhi and that passed by the Summary General Court Martial holding the appellant guilty for an offence punishable under Section 69 of the Army Act read with Section 302 of the Ranbir Penal Code and sentencing him to undergo imprisonment for life besides dismissal from service.

2. Enrolled on 30th July, 2004, the appellant was posted at Razdan in Baramulla Sector of the State Jammu and Kashmir. Deceased Sub Randhir Singh was serving as a Senior JCO/Post Commander at the very same place of posting. The prosecution case is that on 28th June, 2006 at about 9.30 p.m. the appellant while on guard duty shot Subedar (AIG) Randhir Singh dead with a 5.56 Insas Rifle issued to him. FIR No.137 of 2006 about the incident was lodged by the Brigade Commander concerned with the jurisdictional police Station at Bandipur who after completing its investigation of the incident filed a charge sheet against the appellant before the Jurisdictional Magistrate for commitment of the case to t