PRAMOD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has faced the trial on the charge of committing murder of Sanjay Gope by a fire-arm in furtherance of common intention of all.

(2.) On 19th May 2010, Sanjay Gope left home with Babloo Gope and Dinesh Gope, his brothers, for distributing the invitation card for his marriage which was to be held on 25.05.2010. They proceeded on a motorcycle from Line Tola, Gwala Para and stopped near a Peepal tree for taking respite from the scorching sun. It was about 2:40 p.m when Nandu Kumhar, Mithu Nepali and Mangal Tudu came there and called Sanjay Gope. After they moved about 80 yards towards Sahara City, Nandu Kumhar fired from his pistol at Sanjay Gope. He was brought to Siddesh Nursing Home on a tempo and thereafter he was taken to Tata Memorial Hospital (T.M.H), Jamshedpur where he was admitted in C.C.U. There fardbeyan of Babloo Gope was recorded by S.I.-Anand Kumar Mishra, o/c R.I.T - P.S in the midnight at about 01:30 a.m on 20.05.2010 and on that basis Adityapur P.S. Case No. 140 of 2010 was registered against Nandu Kumhar, Mithu Nepali and Mangal Tudu under section 324 and 307/34 IPC. In course of the treatment Sanjay Gope died and accordingly the offence under section 302 IPC was added in the Report. After the investigation a charge-sheet was submitted against the above-named accused persons and charges under section 302/34 IPC and section 27 of the Arms Act were framed against them vide order dated 03.11.2010. They pleaded not guilty and claimed to be tried whereupon S.T. Case No. 131 of 2010 commenced.

(3.) The trial against Mithu Nepali @ Prem Bahadur, who had died, was separated vide order dated 18.05.2012 and against Mangal Tudu, the third accused, who had absconded, was separated vide order dated 18.08.2015.