PRADEEP NANDRAJOG, J.(Oral)

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 & 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 slee