FAZLU REHMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 15.11.1986 passed by the Sessions Judge, Bundi whereby, convicted the appellant under section 302, I.P.C. and sentenced him to life imprisonment and a fine of Rs. 2,000/-, in default of payment of fine, to further undergo 6 months simple imprisonment. It was also directed that out of the amount of fine deposited by the accused, a sum of Rs 1,500/- be paid to the wife of deceased i.e., Mst. Bashiran (P.W. 5).

(2.) Mst. Bashiran lodged a report on 31.10.1985 at 6.30 am. alleging that she resides in Anita Bazar with her husband Hafiz alias Abdul Hafiz. In the morning at 6 a.m. when her husband was urinating at the Narda the accused Fazlu Rehman came abusing him and he was having iron rod in his hand, Fazlu Rehman told him that some time you open the door in the night and some time you do not open the door and while saying like this he inflicted a blow with iron rod on the head of her husband. At that time she and her daughter Nasim were standing in the verandah. When the blow was inflicted they cried. Blood came out from the head of her husband. Fazlu Rehman dragged her husband and took him on the main road and sat on his chest and in order to kill her husband he started giving blows by iron rod. She ran to the house of Ghasita and his son Mustkim who rescued her husband. When Ghasita and Mustkim arrived at the spot Fazlu Rehman was sitting on the chest of her husband and was inflicting blows by iron rod. She then went to the Police-Chowki of Meera Gate and Police Constables accompanied her and came to the spot. On return they saw that Abdul Rehman was lying on the ground in a pool of blood and Fazlu Rehman had run away. She was sent to Police Station to lodge the report. It is further alleged that for the last 3/4 years, dispute between her husband and Fazlu Rehman (Jeth) was going on Fazlu Rehman used to threaten them to kill. On this report a case under section 307, I.P.C. was registered. When Hafiz succumbed to the injuries the case was converted into section 302, I.P.C. After completing the usual investigation the Police submitted challan against the appellant. The learned Sessions Judge framed charge against the appellant under section 302, I.P.C. The accused pleaded not guilty and claimed trial.

(3.) The prosecution has examined 14 witnesses to establish its case. The accused has denied on the allegations levelled against him. The contention was that on account of enmity Bashiran and her daughter Nasim had given falss statements. He has also contended that he had his share in that house. They wanted that he should not come to the house to live in and so they used to shut the door from inside and in spite of his call to open the door but they did not open it and as a result he used to sleep in the mosque. In the previous night on account of not keeping well he was sleeping in the room. In the morning when he get up he saw Abdul Hafiz and Bashiran fighting with each other. He went to separate them. Bashiran wanted to inflict a blow of iron rod to him but it hit the head of Abdul Hafiz. He has denied to have given any beating to Abdul Hafiz.