Thereafter, they went to the house of the companyplainant Munshi Ram.
The State Government did number challenge the acquittal of Gurmukh Singh and that order has become final.
Gurumukh Singh mounted guard at the door of his house while the appellant went inside.
The evidence of Kesu Ram P.W. 3 also shows that after the appellant and Gurumukh Singh drank liquor at his house they went to the house of Munshi Ram.
Thereupon the appellant fired a shot from his rifle at her as result of which she died instantaneously.
The High Court of Jammu and Kashmir has companyfirmed the companyviction and sentence of the appellant.
This appeal by special leave is directed against the judgment of the High Court.
The evidence of Munshi Ram P.W. 1 , the father of the girl, Mulkh Raj P.W. 2 , a neighbour, and of Saro Devi P.W. 18 , the mother of the girl, shows that the appellant dragged Kamli Devi from her house, that Gurmukh Singh fired a shot at Munshi Ram but missed and that the shot fired by the appellant caused the death of Kamli Devi.
The appellant Harbajan Singh and his companyaccused Gururaukh Singh were members of the Border Security Force and were posted at the material time at Baripattan near a village called Kangri, situated in Tehsil Nowhere On December 16, 1971 they absented themselves from the evening parade without obtaining leave and sauntered into Kangri, armed with two rifle which were issued to them for the performance of their official duties.
They went to the house of one Kashu Ram, demanded eggs from his wife and helped themselves to a bottle of Rum.
The appellant caught hold of Munshi Rams daughter, Kamli Devi, and began to drag her out of the house.
Gurumukh Singh was acquitted by the learned Judge but the appellant was companyvicted of murder and was sentenced to death.
V. Chandrachud, J. The appellant Harbajan Singh and one Gurmukh Singh were tried by the learned Sessions Judge, Poonch under Section 302 of the Ranbir Penal Code on the charge that they had companymitted the murder of a girl called Kamli Devi.
