Dr. T.N. Singh, J. -- - 1. In this Writ Petition, the life sentence passed on 11.7.1986 by the 'General Court Martial which assembled at Gwalior on 24.5.1986 is challenged by the convict who was tried for committing the civil offence of murder contrary to section 302, IPC. He is also dismissed from service. After pronouncing the sentence, "recommendation to mercy" was pari passu made -- "the accused may not be made to undergo the full term of the sentence". The confirmation of sentence by G.O.C. 36 Infantry Division (Respondent No. 3) is also challenged.

2. A chequered career this petition has had in this Court and about that, few words we must say. Hearing was piecemeal, on different dates, on and from 7.1.1992. It concluded on 21.2.1992 when order was reserved. In the cause of preparation of the judgment, we faced some difficulty in dealing with the main contention based on section 79, IPC. We found materials available to us insufficient to deal with the plea because from the "Summary of Evidence" recorded under section 23 of the Army Rules we found new vistas of arguments opened to press the plea on the basis also of Rules 24, 28 and 35 of the Army Rules. We accordingly orde