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

Gnr/Opr Behera, he was not in a position to pass any executive order or to
take a weapon from any person of the Company to shoot Gnr/Opr Behera.
14. L/Nk Fiyaz Ahamed (PW-2). He was performing the duties of
intelligence gathering at the Regimental Police Gate of „D‟ Company on
31.10.2006 when he was posted to 28 Rashtriya Rifles Battalion. He was on
duty alongwith two other soldier i.e. Rfn Ajay Kumar who was with him outside
the gate, while Rfn Naveen Kumar was inside the post. Thereafter, he has
testified the same facts as PW-1 about the return of Company Commander
from Area Domination Patrol. When he heard the sound of firing, he though it
was a Fidayeen Attack and took cover. He then saw Gnr/Opr Behera
approaching the living area of the JCO and shouting “Kahan Hai Chamkila”.
He also saw the senior JCO, Sub Paramjit Singh (PW-1), pleading with
Gnr/Opr Behera. The witness then went to attend to the injured Company
Commander who was lying in a prone position when Gnr/Opr Behera
threatened him to go away. The witness has testified that during the entire
episode, no other JCO except Sub Paramjit Singh took control of the situation.
The witness has time and again stated that during the entire incident the only
JCO who was visible was Sub Paramjit Singh.
15. Nk Kuldeep Singh (PW-3). The witness was also posted with 28
Rashtriya Rifles Battalion in „D‟ Company 12 Platoon on 31.10.2006. He had
gone with the Area Domination Patrol and on return he was told that he would
be accompanying the leave party to the vehicle point and for that he again
wore his bullet proof jacket and was going to the telephone exchange to take
the radio set. When he crossed Gnr/Opr Behera who was a wearing a bullet
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