Mian Jalal-ud-Din J.

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 inciden

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