JHEMI GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Jhemi Gope has been convicted under section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. He has also been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. His sentences have been ordered to run concurrently. Appellants Nagina Gope, Ramraj Prasad, Kanhai Gope and Bilas Gope have been convicted under section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each.

(2.) PROSECUTION case, in short, is that on 9.12.1984 at 12.45 hours Fardbeyan of Ramdeo Gope (informant) was recorded at Fatuha Hospital by A.S.I. In his Fardbeyan he stated that on the same date at about 12.00 A.M. when he was measuring the land along with Pyare Mahto, all the appellants variously armed came there. Jhimi Gope asked the informant and Pyare Gope not to measure the land. Pyare Gope replied that he had purchased the land from one Baldeo Gope. It has been alleged that the accused persons began to abuse them and threatened not to make any construction over his land. Thereafter altercation took place. Appellant Bilas Gope ordered to kill. The informant out of fear tried to fled away but accused Nagina Gope caught hold of him and accused Jhimi Gope gave a dagger blow on his back. The informant being injured ran towards his house to save his life. Other accused persons chased and threw brick bats on him. Thereafter the informant was removed to the hospital where his fard beyan was recorded. The motive of the occurrence as alleged by the informant is that accused Bilas Gope and Mausa of the informant are brothers. His Mousa was issueless. He had adopted the informant as his son who is living with him since his childhood. The accused persons did not like it. They want to get rid of the informant in order to grab the land of the Mousa of the informant. On the basis of the Fardbeyan first information report was drawn up and police started investigation and after completion of the same submitted charge sheet against the accused persons. The case was committed to the court of sessions and ultimately the trial concluded with the result as indicated above. The appellants pleaded not guilty.

(3.) P .W. 3 the informant has fully supported the case of the prosecution as stated in his Fardbeyan. According to him on the date of occurrence when he was measuring his land along with Pyare Mahto the appellants came variously armed and appellant Jhimi Gope asked them not to measure the land. Thereupon, Pyare Mahto told him that he had purchased the land from one Baldeo Gope. Thereafter the appellants began to abuse them and threatened not to make any construction over the land. There was some altercation between him and the informant and therefore out of fear wanted to fled away but the appellant, Nagina Gope caught hold of him and appellant Jhimi Gope gave a dagger blow on his back. The informant after being injured ran towards his house to save his life. He has also stated that the other accused chased and threw brick bats on him. He was removed to hospital where he was treated and his Fardbeyan was also recorded.