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JAMMU AND KASHMIR HIGH COURT
J. Bhat, J
Bilal Ahmad Hajam v. State of J. and K.
| Table of Content |
|---|
| 1. incident leading to conviction. (Para 1 , 2 , 3) |
| 2. prosecution's evidence presented. (Para 4 , 5) |
| 3. challenge to trial court's decision. (Para 6 , 7) |
| 4. arguments focused on distinguishing levels of homicide. (Para 8 , 9 , 10) |
| 5. eyewitness accounts support prosecution. (Para 11 , 12) |
| 6. rejection of lesser charge arguments. (Para 13) |
| 7. determination of culpability as murder. (Para 14 , 15 , 16 , 18) |
| 8. upholding of conviction. (Para 19) |
1. This appeal has been preferred against the judgment and order passed by the learned Sessions Judge, Baramulla whereby the appellant / accused has been convicted and sentenced vide order dated 12-3-2003 and 8-4-2003 respectively to suffer imprisonment for life, having committed offence punishable under S.302, RPC with further direction that the period already undergone in custody shall be treated as set off.
2. The brief facts of the prosecution case are that : on November 20, 1997 at 15.15 hours Police Station, Sopore received reliable information through some undisclosed source that a Constable deputed on examination duty in Government Girls High School, Bomai, Sopore has fired at Farooq Ahmad Dar who was on the examination duty an
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