BALBIR SINGH Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the conviction recorded under Section 302 of the Ranbir Penal Code (RPC, 'for short') for committing the murder of his Platoon Commander Shri harvinder Thakur, Sub Inspector No. 680501174, and colleague P. A. Naidu, Constable No. 930870154 of C. Company, And the Sentence of Imprisonment for life and a fine of Rs. 5000/-, Balbir Singh, Constable No. 911150882 of C. Company, 87-Bn of the Central Reserve police Force, the appellant, has approached the court by his Appeal, seeking acquittal and quashing of the conviction and sentence recorded by the Sessions Judge, budgam vide his judgment and order of October 26, 2007 and November 6, 2007 respectively.

(2.) LEARNED Sessions Judge, Budgam too has made reference for confirmation of the Sentence awarded to the appellant.

(3.) APPELLANT's Criminal Appeal No. 01/2008 and learned Sessions Judge's Reference No. 12/2007 have been heard together. Facts: facts leading to the Criminal Appeal and confirmation Reference may be stated thus:-Appellant was posted on 08. 01. 2001 on security duty at the residence of Shri Ghulam Nabi Azad, former union Minister, at Hyderpora, Bypass Srinagar, with other personnel of his Battalion when between 1930 hours to 2000 hours, with intention to commit murder, he opened fire with his Self Loading Rifle (SLR), on his platoon Commander Harvinder Thakur and colleague constable P. A Naidu, critically injuring the Platoon commander, and killing P. A. Naidu on spot. The Platoon commander too succumbed to the injuries while on way to the hospital. The appellant thereafter ran away from the place of occurrence leaving behind his SLR, but was later arrested by the Police from the house of a civilian residing nearby.