Judgement

Y. V. CHANDRACHUD, J.:- The appellant Harbajan Singh and one Gurmukh Singh were tried by the learned Sessions Judge, Poonch under Section 302 of the Ranbir Penal Code on the charge that they had committed the murder of a girl called Kamla Devi. Gurmukh Singh was acquitted by the learned Judge but the appellant was convicted of murder and was sentenced to death. The State Government did not challenge the acquittal of Gurmukh Singh and that order has become final. The High Court of Jammu and Kashmir has confirmed the conviction and sentence of the appellant. This appeal by special leave is directed against the judgment of the High Court

2. The appellant Harbajan Singh and his co-accused Gurmukh Singh were members of the Border Security Force and were posted at the material time at Paripattan near a village called Kangri, situated in Tehsil Nowshera. On December 16, 1971 they absented themselves from evening parade without obtaining leave and sauntered into Kangri, armed with two rifles which were issued to them for the perfomance of their official duties. They went to the house of one Kashu Ram, demanded eggs from his wife and helped themselves to a bottle of Rum. Thereafter