H. Imtiyaz Hussain, J.

1. Being aggrieved by the judgment and order of conviction passed in File No. 28/Sessions of 2003, by the Principal Sessions Judge Kathua, convicting the appellant under sections 302, 120-B/109 R.P.C. and 5 E.S. Act and sentenced to undergo various terms of imprisonment including imprisonment for life and fine, appellant Bashir Ahmed has filed this appeal on the grounds taken in the memo of appeal.

2. The prosecution case, stated briefly, is as under:-

On 31st August 2003, a police party of Special QRT Group, Malhar was on patrol in Malhar area which was infested with militants who had waged a guerrilla war against the State. The police party was headed by Constable Mool Raj. They conducted search in Kamlog Gala and Churchur Gala area and when they reached Khandara near the house of appellant, they saw that some militants were hiding in the `Dohk of the appellant. The allegation against the appellant is that when the appellant saw the patrolling party, he cried loudly to gave a signal to the militants to inform them about the police. On this, the militants started indiscriminate firing on the police party with their weapons. The police party also opened fire and

Click Here to Read the rest of this document