JASWANT SINGH, J.:- The petitioner JC-13018, Subedar Surat Singh and G-75829 Pioneer Joginder Singh and G-87982 Pioneer Tahal Singh, all of 1615 PNR COY (GREF) who were subject to the Army Act, 1950 (Act XLVI of 1950 hereinafter called The Act") were tried by the General Court Martial at Work Shop Base GREF under Sec. 69 of the Act read with Section 302/109 of the Penal Code for causing the death of G. 87630 Pioneer Suriya Prasad Sharma of 1617 PNR COY on the night intervening 4th and 5th June, 1967, at village Shakti within the jurisdiction of Police Station Leh, District Leh, Jammu and Kashmir State. The Court Martial was convened by the Chief Engineer, Project Beacon Stationed at Srinagar, respondent, herein, who was empowered to do so under Section 109 of the Act. At the conclusion of the trial on 30th May, 1968, the General Court Martial held the petitioner and his aforesaid co-accused "not guilty" and acquitted them of the charges upon which they were arraigned and transmitted the proceedings through proper channel to the respondent for confirmation under Sections 153 and 154 of the Act read with Rule 63 of the Army Rules, 1954, hereinafter referred to as "the Rules. Acting u

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