RAMESHWAR SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Only two points were argued at the bar in this appeal by special leave because if we agree with the appellant's learned counsel on these points then the appeal must succeed and the appellant must be acquitted without going into the other points relating to the appellant's guilt intended to be raised on his behalf by his counsel. The relevant facts of the case necessary for appreciating two important points relating to the legality of the appellant's conviction may briefly be stated:

(2.) On the morning of October 7, 1967 a football match was being played at the Srinagar Stadium between the Kashmir University and the Punjab University teams. The Kashmir University team (hereinafter called the home team) was the first to secure one goal against the Punjab University team (hereinafter called the visiting team) The players of the home team were naturally cheered by the spectators when they scored the first goal. After a few minutes the visiting team equaslised the score and a little later secured another goal against the home team. This in turn brought cheers and applause for the visiting team from the spectators. It appears that some of the more enthusiastic spectators rushed to the football ground and are said to have made some provocative gestures towards the players of the home team. This apparently annoyed not only the players of the home team but also their sympathisers amongst the spectators and a clash between the rival sets of sympathisers of the two teams amongst the spectators followed. As usually happens on such occasions stones were thrown at each other by the two rival groups. These rival groups are stated to be those of Kashmir's on the one side and Punjabis on the other. The headquarters of the P. A. C. (Police Armed Constabulary) are also stated to the located in the stadium and some members of that force were present at the match. The young men of the P. A. C. came to the spot and with their dandas put the people to flight. Upto this stage there seems to be no controversy. According to the prosecution case as stated by P. W. Abdul Gani Sheikh, on April 24, 1959, when the people had left the stadium the appellant, to use the words of the witness in his examination-in-chief:

(3.) The learned Session Judge, Sringar, Qazi Miraj-udin, in whose court the appellant was tried for offence under Sections 302 and 307, I. P. C. convicted him for both the offences imposing the sentence of death under Section 302 and rigorous imprisonment for five years under Section 307, I. P. C. charges under Section 302 related to the death of Ghulam Mohd. Kuchey who died in the hospital on the day of the occurrence and also to the death of Aziz Teli who died two days later on October 9, 1967 at 5.50 p. m. The charge under Section 307, I. P .C related to the injuries caused to P. W. Abdul Ghani Sheikh.