KARNAIL SINGH (L/NK) Vs. STATE

JUDGEMENT

(1.) L /Nk. Karnail Singh of 52 B.S.F. A Coy has been convicted by the learned Addl. Sessions Judge Baramulla (Shri Ghulam Mohd. Mir) under section 302 R. P. C. and sentenced to death. The accused has filed this appeal against the order of conviction and sentence passed on him. Alongside the learned Judge has also made reference for confirmation of the death sentence. This judgment will govern both the appeal and the reference.

(2.) BRIEFLY speaking the prosecution version of the case is that in June 1968 a company of B. S. F. designated as 52 B. S. F. A coy was posted at Bukhari Post Tangdar. It is alleged that on the night intervening 22/ 23 June the accused appellant who was on sentry duty from 12 night to 2.30 A. M. at Bunker No. 1 entered the bunker and fired at Man Singh and Chanchal Singh the two other sepoys of the B. S. F. who were asleep in the said bunker. As a result of this firing both the victims sustained fatal injuries and died on the spot. The motive for committing the offence is attributed to the alleged displeasure incurred by the accused when he had some altercation with a few Jawans including Chanchal Singh the deceased just one day before incident. The incident of firing is alleged to have been witnessed by some of the sepoys sleeping in the bunker; one of them namely Joginder Sngh immediately ran to the nearby army post of Sikh Light Infantry and informed them of the incident. In the meanwhile Prithvi Chand Head Constable Incharge of Bukhari Post was also apprised of the incident and he along with others arrived at the scene of occurrence. Prithvi Chand lodged the F. I. R. with the Police. The police accompanied by the doctor repaired to the scene of incident. The accused was apprehended and was disarmed. His rifle and live cartridges in his possession as also three empty cartridges recovered from the spot were seized by the police. Two bullets one each were recovered from the body of Man Singh and Chanchal Singh during their post -mortem examination. A piece of lead was also found and seized. The police also seized some other incriminating articles. Rifle, empty cartridges, and the two bullets were sent to the ballistic expert for his opinion. Investigation in the case resulted in submitting charge sheet by the Police against the accused under section 302 of the Ranbir Penal Code before the Court of Sub -Judge Judicial Magistrate Handwara who after recording some evidence committed the accused to stand his trial before the court of Sessions Judge Baramulla. Before the trial Judge the prosecution examined a number of witnesses. The accused was examined. He denied to have fired at Chanchal Singh and Man Singh and caused their death. He, however, admitted that he was on duty as sentry at bunker No. 1 in accordance with the duty register maintained at the picket. He also admitted that the rifle in question was issued to him as also 100 cartridges. But he denied that only 97 live cartridges were recovered from him. He further stated that he was innocent and some one else war -responsible for the dastardly act. The accused did not examine any witness in defence.

(3.) AFTER the conclusion of the trial the learned Judge found the accused guilty of the offence of double murder. He accordingly convicted and sentenced him as mentioned above.