STATE Vs. MAQSOOD AHMED ALIAS ASHRAF ABBU MUJAHID

JUDGEMENT

(1.) VIDE judgment and order dated 18. 5. 2004 the appellant has been convicted for the offence punishable under Section 302 read with Section 120b IPC; Section 25 and 27 of the Arms Act and section 4 of the Explosives Substance Act. It has been held that the prosecution has successfully proved that the appellant, a national of Pakistan, committed a terrorist act, in that intruded into the Central Reserve Police force Camp at village Jharoda Kalan on 18. 10. 2001 at 11:00 PM and shot dead const. Nitin Puttewar. Benefit of doubt has been given to the co-accused mohd. Abdula Mir, a resident of Jammu and Kashmir, holding that no evidence incriminating Mohd. Abdula Mir had emerged.

(2.) VIDE order on sentence dated 21. 5. 2004 the sentence of death has been imposed upon the appellant for the offence punishable under Section 302/120b ipc as also for the offence punishable under Section 27/120b IPC. For the offence punishable under Section 4 of the Explosives Substance Act, sentence imposed is to undergo RI for 20 years.

(3.) AS per the prosecution, on 18. 10. 2001 at 11:00 PM Const. L. H. Fernandes PW-2 heard a noise which was a mixture of screams and gun fire. He was sleeping then. He awoke from his slumber and came out of the barrack and flashed his torch. The beam of the torch illuminated the face of the appellant who was fleeing and the appellant retaliated by firing at Const. L. H. Farnandes, who survived due to the grace of God. Soon thereafter Const. Nitin Puttewar was found grievously injured and died on the way to the hospital. FIR 552/2001 for the offence under Section 307/302/120b IPC was registered on the statement Ex. PW-2/a of const. L. H. Farnandes. The police was informed. Empty cartridges were recovered from the spot. The dead body of the Const. Nitin Puttewar was sent to the mortuary. As per post-mortem report he had died on receiving gun shots.