SUBASH Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 11.12.1985 passed by IV Additional District & Sessions Judge, Gorakhpur in Sessions Trial No. 103 of 1983 (State Vs. Subash), arising out of Case Crime No.39/1982, Police Station- Tiwripur, District- Gorakhpur, whereby the appellant- Subash- has been found guilty for the offence- under Section 307 IPC, and given benefit of provisions of Probation of First Offenders' Act and directed him to keep peace and be of good behaviour for a period of 1 year on condition that he will furnish a personal bond for Rs.1000/- along with two sureties in the like amount.

(2.) Heard Sri Kamlesh Singh, learned counsel for the appellant and the learned AGA for the State and perused the record of this appeal.

(3.) Factual matrix of this case as discernible from record appears to be that in this case Sadanand P.W.1, the injured, lodged the written report at police station- Tiwaripur, district- Gorakhpur on 08.05.1982 at 9.20 P.M. against the accused- Subash s/o Ram Awadh Yaday alleging thereby that some barat procession had arrived at the house of Hori Lal of the village- Ghunghun Kotha and while the marriage celebration was in full swing, the accused- Subash- arrived on the spot and created ugly scene in drunken position under the influence of intoxication, he started abusing, upon which, Sadanand P.W.1 asked him not to indulge in abusing, but, Subash persisted with his misdeed on the spot and instead of stopping the same, he threatened the informant of dire consequences.