BRAHMA GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) BRAHMA Gope, his brother Baijan Gope both sons of Sheo Sharan Gope, Sohawan Gope and Naresh Gope both sons of Guletan Gope and Surjan Gope have preferred this appeal against the judgment of conviction and order of sentence dated 23rd December 1988 passed by learned 2nd Additional Sessions Judge, Patna in Sessions Trial No. 591 of 1986. They were tried together with Sheo Saran Gope and all were convicted under Sections 302 read with Section 149 and 307 read with section 149 of the Indian Penal Code and they have been sentenced to suffer rigorous imprisonment for life and rigorous imprisonment for five years respectively with a direction that all the sentences would run concurrently. Though the trial court has found Sheo Saran Gope guilty under Section 302 I.P.C. and BRAHMA Gope under Section 307 I.P.C. as there was no separate charge against them so that they were convicted under Section 302/149 and 307/149 I.P.C.

(2.) FARD beyan (Ext. 5) of Ram Auttar Gope (P.W. 5) with regard to an occurrence of the midnight of 13-14 April 1983 was the basis of the prosecution case wherein the informant (P.W. 5) stated that his brother Guptal Yadav (deceased), his nephew Lala Prasad @ Lala Gope (P.W. 2) were sleeping at their bunglow and in the midnight between 12-1 a.m. seven accused persons namely, Sheo Sharan Gope, Bhram Gope, Vijay Gope, Basu Gope, Sohaban Gope, Naresh Gope and Surjan Gope having firearm entered into the Bunglow of the informant shouting "Maro- Maro" and at that very time Sheo Sharan Gope threw bomb upon Gupat Gope which caused instantaneous death to him. Later on, the informant and his nephew Lala Gope (P.W. 2) hid themselves in the straw. Culprits, thereafter, went near Jamuna Gope (P.W. 1) and fired upon him causing injury and they also assaulted P.W. 1 Jamuna Gope with lathi. Four persons entered inside the house of Jamuna Gope in search of one Rameshwar Prasad (not examined) and took away three boxes containing clothes etc. The accused persons also threw bombs at the courtyard and door of Suraj Deo ( P.W. 4). On the basis of fard beyan of P. W. 5 given at the place of occurrence on 14th April 1983 at 9 a.m. a case under Section 396 I.P.C. was instituted vide Dhanarua P. S. Case No. 46 of 1983.

(3.) THIS Court is required to see as to whether the prosecution was able to prove charges against the appellants beyond shadow of all reasonable doubts or not.