KAMLA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant Kamla against his conviction u/s 307 I.P.C. and imposed sentence of two years R.I. therefor recorded by IInd Additional Session's Judge, Azamgarh, vide impugned judgement and order dated 6.3.1981, passed in S.T. No.502 of 1976, State vs. Sugriv and others, relating to P.S. Doharighat, district Azamgarh.

(2.) STATED briefly, prosecution allegations against the appellant, as was scribed by the informant Prem Singh(P.W.1), in his written report, Ext. Ka.1, were that on the festive day of Holi,27.3.75 at 9p.m., song and dance party of Phool Chand Harijan of village Mahula was putting up it's show at the door of Khurmilli, a collateral of the informant Prem Singh(PW1), which was adjacent to the informant's house in village Bankatia. Two mikes, facing different directions, east and south, towards village populations, were attached with it and hence sound decibel of those loudspeakers were much more. Same day, same time,in the same village, another dance party of Ram Dahil of village Baridand, was also performing hundred paces away, at the door of village Pradhan Babu Lal. Only one mike was fixed with it facing towards down town village, and hence it's sound decibel was much less.

(3.) CHARGE sheeting of the accused resulted their summoning and their case was committed to the Session's Court for trial, where it was registered as S.T. No.502 of 1976, State vs. Sugriv and others. Learned Trial Judge charged all the accused with offences under sections 147, 148, 307/149, 323/149 I.P.C. on 18.6.1979. Appellant accused Kamla was separately charged under section 307 I.P.C. Since all accused denied those charges and claim to be tried, to establish their guilt, trial procedure was under taken, during course of which, informant Prem Singh(P.W.1), Mukti Nath(P.W.2), Ram Adhar(P.W.3), Ram Samujh(P.W.4 ) and formal witness Banshidhar Gupta(P.W.5 ) were examined by the prosecution besides tendering documentary evidences. Accused, in their statements u/s 313 Cr.P.C., denied incriminating circumstances appearing against them and pleaded defence of their false implication.