Judgement

DUA, J. :- 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 spectato