STATE OF RAJASTHAN Vs. DAUD KHAN
LAWS(SC)-2015-11-1
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on November 04,2015

STATE OF RAJASTHAN Appellant
VERSUS
Daud Khan Respondents


Referred Judgements :-

JADUNATH SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
GEORGE VS. STATE OF KERALA [REFERRED TO]
DANA YADAV VS. STATE OF BIHAR [REFERRED TO]



Cited Judgements :-

MUKKAMALA CHINNA VENKATA REDDY AND OTHERS VS. STATE OF A P , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, HYDERABAD [LAWS(APH)-2018-8-6] [REFERRED TO]
DHARMENDRA KUMAR TANDON VS. STATE [LAWS(DLH)-2019-9-122] [REFERRED TO]
STATE OF U.P. VS. RAMANAND [LAWS(ALL)-2021-7-30] [REFERRED TO]
DINESH KUMAR PATEL AND OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-75] [REFERRED TO]
GHURAN MUNDA VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-5-42] [REFERRED TO]
CHOTKAU VS. STATE OF UTTAR PRADESH [LAWS(SC)-2022-9-126] [REFERRED TO]
RAJESH @ SARKARI VS. STATE OF HARYANA [LAWS(SC)-2020-11-3] [REFERRED TO]
PAWAN SINGH & ORS VS. STATE OF BIHAR [LAWS(PAT)-2018-2-295] [REFERRED TO]
MD TALIB VS. STATE OF BIHAR [LAWS(PAT)-2019-8-61] [REFERRED TO]
RAMA DEVI VS. STATE OF BIHAR [LAWS(SC)-2024-10-5] [REFERRED TO]
SANKARKUMAR VS. INSPECTOR OF POLICE [LAWS(MAD)-2017-10-114] [REFERRED TO]
MADAN KUMAR @ MANOJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2017-7-165] [REFERRED TO]
BAIJU @ VIJAY VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-2-74] [REFERRED TO]
RAM MANOHAR VS. STATE OF U P [LAWS(ALL)-2019-2-26] [REFERRED TO]
BHAGWAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-1-409] [REFERRED TO]
ROKALLA DHARMARAO @ BUSAYYA, S/O LATE DANDASI VS. STATE OF A P [LAWS(APH)-2017-7-92] [REFERRED TO]
HEERA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-195] [REFERRED TO]
MD. GULJAN @ MD. GULSHAN VS. THE STATE OF BIHAR [LAWS(PAT)-2016-10-14] [REFERRED TO]
RAVASAHEB VS. STATE OF KARNATAKA [LAWS(SC)-2023-3-50] [REFERRED TO]
DEVENDRA SINGH TOMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-310] [REFERRED TO]
SK IMRAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-7-61] [REFERRED TO]
RAJU SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2016-4-67] [REFERRED TO]
BHAGCHANDRA VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2017-12-39] [REFERRED TO]
PARTIES NAME RAM BHAWAN @ LALLOO VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-60] [REFERRED TO]
JAFEL BISWAS & ORS. VS. STATE OF WEST BENGAL [LAWS(SC)-2018-9-151] [REFERRED TO]
VIJAY SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2024-5-78] [REFERRED TO]
OMBIR SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2020-5-23] [REFERRED TO]
BHARATH ROY VS. STATE OF BIHAR [LAWS(PAT)-2023-2-38] [REFERRED TO]
KALYAN VS. STATE OF M. P. [LAWS(MPH)-2022-5-45] [REFERRED TO]
CHANDAN CHAUDHRY VS. STATE OF BIHAR [LAWS(PAT)-2019-10-73] [REFERRED TO]
PAPPU ALIAS SURENDRA S/O SITARAM RAI VS. STATE OF M P [LAWS(MPH)-2017-7-151] [REFERRED TO]
BHARAT SINGH VS. STATE OF M.P. [LAWS(MPH)-2017-3-94] [REFERRED TO]
GOPAL KRISHNA PATAR VS. UNION OF INDIA [LAWS(JHAR)-2022-4-41] [REFERRED TO]


JUDGEMENT

- (1.)These appeals are directed against the judgment and order dated 11th November, 2008 passed by the High Court of Judicature for Rajasthan at Jodhpur. Criminal Appeal No.126 of 2010 has been filed by the State of Rajasthan challenging the refusal of the High Court to uphold the conviction of Daud Khan for an offence punishable under Section 302 of the Indian Penal Code (for short the IPC). Criminal Appeal No. 351 of 2010 is filed by Daud Khan challenging his conviction for an offence punishable under the first part of Section 304 of the IPC.
(2.)The broad facts leading to the decision of the High Court are that on 19th June, 2004 at about 9.30 p.m. Nand Singh had gone to Bathra Telecom & Restaurant at Nimbahera, District Pratapgarh in Rajasthan. He was accompanied by his friends Nitin Sindhi (accused No.3) and Narendra Kumawat. While they were seated in the restaurant, Javed Beg (accused No.2) and Daud Khan (accused No.1) came there on a motor cycle. It appears that Javed Beg and Daud Khan had some grudge against Nand Singh concerning the result of a cricket match between India and Pakistan.
(3.)According to the prosecution, Javed Beg brandished a knife and told Nand Singh that today his end had come. Thereupon Daud Khan fired upon Nand Singh with a loaded pistol on the right side of his chest and then both of them escaped on their motor cycle. They were chased by Narendra Kumawat and Nitin Sindhi but they were not successful in apprehending the assailants.


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