Shooting resulting in death constitutes culpable homicide amounting to murder when executed with intent or knowledge of likely fatal consequences.

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 and the injured has been taken to Sopore Hospital. On receipt of this information FIR No. 450 of 1997 was registered for alleged commission of offence punishable under S.307, RPC and entrusted the investigation to Sh. Shareef - ud - din, Assistant Sub Inspector. He went on spot, conducted preliminary inquiry, seized the rifle and recorded the statements of some witnesses. Injured was shifted to Sheri - Kashmir Institute of Medical Sciences, Soura, Srinagar (for short "SKIMS"). Ghulam Mohi - ud - din Sub-Inspector went to SKIMS to record the statement of the injured. The injured could not make his statement because of his serious condition. He succumbed to the injuries in SKIMS. The offence was changed from 307, RPC to 302, RPC. The investigation was handed over by the SSP, Sopore to the Dy. Superintendent of Police, Headquarters, Baramulla.

3. During investigation it revealed that Bilai Ahmad Constable No. 577, 14th Bn., JKAP, F - Company was issued 303 rifle along with 10 cartridges in his name. He was deputed on 20-11-1999 along with Ghulam Hassan No. 173 of 12th Bn., JKAP in Government Girls High School, Bomai for watch and ward of the examination centre. Some police personnel of 67 Bn: BSF were also deputed there for duty along with one Officer namely Sh. Balbir Singh. Mohammad Yousaf Bhat, Lecturer, Boys High School, Hajan was appointed Superintendent by the Board of the Examination Centre. Farooq Ahmad Dar victim was Dy. Superintendent of the Examination Centre. The BSF personnel reached at the centre at 12.30 p.m. while the examination was to start at 1 p.m. The JKAP personnel reached the Centre one hour late i.e. at 1.30 p.m. Their identity cards were checked by the BSF personnel and were allowed to enter the examination centre. The BSF personnel were deployed around the wall of the lawn of the school. While the examination was on; the police personnel entered the rooms of the examination centre and started searching the students. The Superintendent of the Centre told the police personnel not to do it inside the rooms as it was not part of their duty. The accused and his colleagues got enraged on it and after coming out from the rooms started raising noise in the lawn of the School. Superintendent of the Centre instructed them not to raise the noise as it disturbs the examinees. Police personnel accused the Superintendent of helping the examinees in copying. The BSF personnel also heard the accused making noise but they did not interfere. Ghulam Hassan, Head Constable, informed Sh. Giyas - ud - din Headmaster of the school about it. The Headmaster along with staff entered the premises and at the same time BSF Sub Inspector also entered the premises. The Headmaster inquired from the Superintendent of the Centre whether examinees have been permitt