No. 9777 of 2009 Ex. Sube - Armed Forces Tribunal

and upper portion was not visible and I was not at one
place. By hiding the accused clarifies that he was
taking cover to save himself.”
13. To prove the charges against the Petitioner, the prosecution have
produced 8 witnesses. Sub Paramjit Singh (PW-1) was the senior JCO of „D‟
Company on 31.07.2006 when the incident in question occurred. The witness
has stated that he was the senior JCO of the Company looking after the
Company HQ and the petitioner was the Platoon Cdr. of No. 11 Platoon i.e.
he was the direct Cdr of Gnr/Opr Behera who had shot the Company
Commander. The Company location was enclosed in an area of
approximately 150 x 150 mtrs or 200 x 200 mtrs. When the Company
Commander i.e. Lt. Col Saket Saxena and his party came back at 10.30 hrs
on 31.07.2006 from the Area Domination Patrol, he and the petitioner had
received the party at the gate. Accordingly, he and the Petitioner were talking
to Lt Col Saket Saxena, close to Post No. 3 when the rest of the patrol was
taken by Nb Sub Harbhajan Singh for disarming their weapons. The Company
Commander removed his bullet proof jacket and also gave his weapon to his
Sahayak and sat on a chair. The witness and the petitioner were standing
close to the Company Commander and were being briefed by him.
Meanwhile, a message was received that a vehicle was arriving at the post to
take the leave party. The Petitioner immediately told the Company
Commander that he would carry out the requisite administration requirements
of the leave party and left the location where the Company Commander was
sitting. Soon after that Gnr/Opr Behera carrying his personal weapon, came to
the place where the Company Commander was sitting and shot the Company
Commander. Gnr/Opr Behera than ran back towards Post No. 2, and the
TA No. 168 of 2010 [W.P.(C) No.9777 of 2009] Page 14 of 23