It went in the direction of the Militia wall.
10 of 1969 Ram Asray Misra, Risi Ram, O. P. Rana and R. Bana, for the appellant.
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.
I was standing near the cycleshop which is situated close to the Stadium chowk.
They were the accuseds men.
He fired a shot towards the road.
They got hold of the accused and took him inside.
The said Jawan fired nine or ten shots recklessly, though the way farers were going on the road in a peaceful manner.
Appeal by special leave from the judgment and order dated October 30, 1970 of the Jammu and Kashmir High Court in Criminal Appeal No.
He was further unable to remember if the police had asked him this question.
folded hands.
Thereafter he fired again at the Young man in suit and boots, at whom he had already fired a shot.
Abdul Ghani Sheikh who claims to be the eye witness to the occurrence lodged the first information report Ex.
At this stage we may appropriately point out that according to P. W. Chaudhuri Ghulam Nabi Mir, S.R.O., Maharajganj, who, on hearing reports of gun shots while he was in the police station, had companye out on the road, the statement of Abdul Ghani Sheikh was actually recorded by him.
He ran in the direction of the tonga stand on the side of Mira Kadal.
A zamindar was going on it.
lie went towards the Militia gate and inflicted bullet injuries on three of the persons going on the Road.
The accused carried a gun in the hand.
Then the accused fired a shot at him.
I made a report of this occurrence at police station Sher Ghari, which may be at a distance of 150 yards from the place of occurrence.
Besides.
The investigation was however, sought to be justified by the companynsel for the State.
They were going back through the Hazuri Bagh Road.
We may number turn to the evidence on the record.
302 and 307, I.P.C. companyvicted him for both the offences imposing the sentence of death under s. 302 and rigorous imprisonment for five years under S. 307, I.P.C. Charges under S. 302 related to the death of Ghulam Mohd.
All these witnesses, Noor Hussain, Abdul Hamid and Noor Mohd.
Then the accused again turned towards that Zamindar, at whom he had fired the first shot.
As usually happens on such occasions stones were thrown at each other by the two rival groups.
In the meantime, three more men appeared there.
Thereafter the A.C. Jawan came on the road and fired shots.
These rival groups are stated to be those of Kashmir is on the one side and Punjab is on the other.
All the people came out from the gates on the East and North.
a sardar of the K. A. P also appeared at the spot.
There was exchange of some talk between him and the accused.
The accused fired more shots as well after that.
They were trying to snatch the rifle from the accused.
3 of 1971.
This apparently annoyed number 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.
The headquarters of the P.A.C. Police Armed Constabulary are also stated to be located in the Stadium and some members of that force were present at the match.
Another person held the rifle and the accused was taken inside the stadium.
Thereafter he fired another shot at the Zamindar.
12 of .1969 and Criminal Reference No.
The boy did number fall down, may he took to his heels.
There was numbercrowd, number was there any breach.
Thereafter the accused turned to the right side.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
It may also be stated here that the appellant wanted to produce some more witnesses in defence, but permission to do so was declined by the High Court and the appellants Counsel before us raised a grievance on this score as well.
After the occurrence he saw the accused only in companyrt and he was never required to identify putting on a helmetand had also grown a beard when seen in companyrt though at thetime of the occurrence the accused had a helmet on his head.
The High Court, after companysidering the evidence, dismissed the appeal and companyfirmed the sentence of death.
However, I saw that man facing the accused, with.
From there the P.A.C. men chased and turned out the people.
The Kashmir University team hereafter called the home team was the first to secure one goal against the Punjab University team hereinafter called the visiting team .
He fell down immediately on receiving the shot.
That Court permitted the appellant also to examine another ballistic expert Siyaram Gupta by name and also Shri Ratan Sahgal and C. L. Wasan, Commandant U.P. P.A.C. ,C. L. Wasan was allowed to be examined even though he had already been examined earlier as a prosecution witness.
He fired another shot at him.
I made an oral report.
At the sight of the accused he stopped.
It says At the Stadium a football match was being plaved.
There, on the other side of the road, in the direction of Hazuri Bagh Maidan, a young man in suit and boots was going there.
In the trial companyrt in his examination in chief he deposed that he had seen the accused companying down the bund with a gun in his hand and helmet on his head and that he fired the fatal and other shots.
I have heard the companytents of the first information report.
In the opinion of the High Court the evidence of Abdul Ghani Sheikh and of Noor Hussain is companyroborated by P.Ws.
This in turn brought cheers and applause for the visiting team from the spectators.
P/ I The learned Sessions Judge, Srinagar, Qazi Mirajudin, in whose companyrt the appellant was tried for offences under ss.
The accused fired a shot at him.
After a few minutes the visiting team equalised the score and a little later secured another goal against the home team.
The young men of the P.A.C. came to the spot and with their dandas put the people to flight.
Abdul Hamid and Noor Mohammed Sheikh.
Thereafter, the accused turned towards a boy, aged 15 or 16 years, who was going towards Mira Kadal.
At the sight of the accused he too stopped.
He fired a shot at him.
The players of the home team were naturally ,cheered by the spectators, when they scored the first goal.
The relevant facts of the ease necessary for appreciating the two important points relating to the legality of the appellants companyviction may briefly be stated On the morning of October 7, 1967 a football match was being played at the Srinagar Stadium between the Kashmir Uni versity and the Punjab University teams.
The relevant portion has already been reproduced earlier in this judgment.
Fuchey 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 S. 307, I.P.C related to the injuries caused to P. W. Abdul Ghani Sheikh.
They took him inside the Stadium.
The Judgment of the Court was delivered by Dua, J. Only two points were argued at the bar in this appeal by special leave because if we agree with the appellants learned companynsel on these points then the appeal must succeed ,and the appellant must be acquitted without going into the other points relating to the appellants guilt intended to be raised on his behalf by his companynsel.
I did number hear what he spoke.
In cross examination he stated that apart from the first information report he did number make any statement to the police excepting that he signed the seizure memos.
He also companyld number remember if he had stated to the police that the accused was known to him.
He carried a rifle.
He fell along the drain adjoining the Militia wall.
A P.A.C. jawan came out of the main gate.
Mukherjee and R. N. Sachthey, for the respondent.
Then a P.A.C. Sardar and a B.S.F. Jawan with three P.A.C. men who carried Dandas in the hands, got held of the said Jawan.
