NATHU KHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by appellant Nathu Khan s/o Rashul Khan, who has been convicted by the court of Addl. Sessions Judge, Fast Track, Pali in Sessions Case No.25/2001 vide judgment and order dated 27.2.2002 for offence punishable under Sec. 302, Penal Code and has been sentenced to undergo life imprisonment and to pay a fine of Rs.2000.00, in default of which, to undergo six months' rigorous imprisonment.

(2.) As per the prosecution case, on 19.6.2000 at 6.45 p.m. at Police Station, Kerala, a wireless message has been received from the Control Room, Pali that a telephonic message received from one Murlidhar from Indroko-ki-dhani informing that one Nathu has given beating to his son Shamsuddin and the victim Shamsuddin is lying unconscious on the spot. The SHO of village Kerala Narayan Singh, after recording in the Rojnamcha( copy of which is Ex. P.22A), with Constables Bagdu Ram and Gaje Singh, went on the spot. On spot, one Bagdu Khan s/o Jamaluddin r/o Indroko-ki-dhani, gave a written report Ex. P.6 to said SHO Narayan Singh. In the written report, he mentioned that Nathu Khan s/o Rashul Khan is his elder father's son and, therefore, by relation, he is brother. Nathu Khan had son Shamsuddin. On 19.6.2000, Shamsuddin, came to complainant Bagdu Khan for help in constructing bara. On Shamsuddin's request, complainant Bagdu Khan went to construct bara for Shamsuddin and started constructing wall. In day's time, they could construct wall upto 2 1/2 ft.. At about 5 p.m., Shamsuddin's father Nathu Khan came from the back side door of his house, which is towards bara where the construction was going on. Nathu Khan came with one iron rod. Seeing Nathu Khan coming towards Shamsuddin, the complainant ran away, leaving behind Shamsuddin in the bara and reached near the gate of one Jamaluddin. Thereafter, he stated that after him, Shamsuddin was coming with naked sword in his hand. Near the gate of the bara, Nathu Khan came in front of his son Shamsuddin. Shamsuddin shown his naked sword to Nathu Khan, but Nathu Khan, with intention to kill Shamsuddin, inflicted injury from his iron rod which was in the hand of Nathu Khan. Shamsuddin immediately fell down but Nathu Khan did not stop beating Shamsuddin by iron rod. Shamsuddin was shouting for help and hearing his voice, neighbour Saddique's wife Dhagalai came out and she also saw the incident. In the written report submitted by the complainant, thereafter, he mentioned that Shamsuddin died on the spot because of injuries. It is stated in the FIR that Shamsuddin is Nathu Ram's earlier wife's son and Nathu Khan did not want to give any of his property to Shamsuddin. Therefore, Shamsuddin was living separate from Nathu Khan. Shamsuddin wanted to construct bara but Nathu Khan was not allowing Shamsuddin to construct bara.

(3.) In sum and substance, deceased Shamsuddin was son of accused Nathu Khan by his earlier wife and after second marriage, Shamsuddin and Nathu Khan had no good relation and both were living separate and they had dispute for property. In this background, this incident occurred wherein accused-appellant's son Shamsuddin died.