PATAN ROWF KHAN Vs. STATE OF A. P.

JUDGEMENT

(1.) One Patan Rowf Khan, father of the deceased preferred this appeal under Sec. 372 of the Criminal Procedure Code, 1973, (for short "Cr.P.C) claiming to be victim being the father of deceased Patan Nazeer Khan.

(2.) The accused/respondents 2 to 4 herein allegedly committed murder of the son of appellant while he was in a drunken state, they were tried by the Court, found not guilty, accordingly acquitted under Sec. 235(1) of Cr.P.C for various charges.

(3.) The prosecution case in nutshell is that on 7/4/2010, Patan Nazeer Khan, son of the appellant informed his maistry (L.W.2) Katragadda Srinivasa Rao (not examined) that he will not attend duty on that day as his friend P.W.4 (Konda Durga Rao @ Durga) and A-2, who is brother of A-1 were arriving at Addanki from their native place. On that day P.W.4 Konda Durga Rao @ Durga and A-2 came to Addanki from Guntur and joined with Patan Nazeer Khan, A1 and A-3. L.W.2 Katragadda Srinivasa Rao paid an amount of Rs.1,000.00 to A-1. Out of it, Patan Nazeer Khan had given Rs.500.00 to A-2. Patan Nazeer Khan, A-1 to A-3 and L.W.6 Katragadda Srikanth, son of L.W.2 Katragadda Srinivsa Rao, had liquor and quarreled with each other. L.W.2 Katragadda Srinivasa Rao, on coming to know about the altercation, through his son L.W.6 Katragadda Srikanth, went there, chastised them and sent away his son to his house P.W.4 Konda Durga Rao @ Durga and others also chastised Patan Nazeer Khan for his behavior. Then, he quarreled with his neighbor P.W.11 Thanam Ashok Kumar @ Ashok. While the altercation was going on, Patan Nazeer Khan abused A-2, his mother and sister in drunken state. As a result, A-2 grew wild and bet Patan Nazeer Khan with the assistance of A-1 and A-3 with brick pieces (M.O.1 and M.O.2) on his head and also tied a belt (M.O.3) around the neck of Patan Nazeer Khan, pulled it tightly, which resulted in death of Patan Nazeer Khan, will herein after be referred as 'deceased'.