GOKUL GOPE Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) All the four Criminal Appeals are directed against the judgment and order of conviction and sentence dated 27.9.1995 and 28.9.1995, passed by the 3rd Additional Sessions Judge, Chaibasa, in Sessions Trial No. 53 of 1992, and, as such, they are being disposed of by this common judgment. The learned 3rd Additional Sessions Judge, while acquitting accused Shyam Gope, Logen Gope, Lenga Purty, Jadu Nandan Biruli, Madan Gope, Ajit Kailash, Sona Ram Munda, Govind Biruli, Madhu Sudan Gope, Uday Knandayat and Brajo Mohan Tamsoy, from the charges levelled against them under Sec. 302/149 of the Indian Penal Code, has found guilty the appellants Gokul Gope, Biru alias Birendra Khandit, Akhay Naik alias Chhotu Biru Naik, Raju Khandit, Jiten Khandit, Kamal Khandit and Laxman Choudhary for the offence under Section 302/149 of the Indian Penal Code and accordingly convicted them for the offence under Section 302/149 of the Indian Penal Code and sentenced all of them to undergo imprisonment for life.

(2.) THE prosecution case, as per the Fard -beyan of the informant Krishna Gope (P.W. 7), is that on 14.5.1990 at about 11.00 a.m. after taking meal he washed his hands and was just keeping Lata in the court -yard, his wife Triveni Devi not examined as prosecution witness), warned the informant to flee away, as the assailants had arrived. The informant Krishna Gope turned back and saw Raghu Khandait, Kamal Khandait, Laxman Choudhary, Gokhul Gope, Biru alias Birendra Khandait, Raju Khandit, Jitan Khandit, Pores and the son -in -law of Biru alias Birendra Khandait, entering into the house, in order to kill his uncle Mahavir Gope, due to old enmity. At that time the door of the house was open. Raju Khandit, Biru Khandait and Gokhul Gope had pistols in their hands, whereas Jitan Khandit and Laxman Choudhary had bombs in their hands. Rest of them were armed with Bhujali and Tangi. As the mob was violent, the informant, due to fear, concealed himself behind the back door and saw them. In the meantime, all the accused entered inside his house and caught hold of Suren Gope, Sala (brother -in -law) of Mahavir Gope. They assaulted him (Suren Gope) and asked to disclose the whereabouts of Mahavir Gape. Suren Gope asked them not to assault and informed that Mahavir Gope had gone to Chaibasa. Even then all of them continued assaulting Suren Gope and in the meantime, Gokul Gope fired with his pistol on the temporal region (Kanpatti) of Suren Gope. On being injured, Suren Gope fell down on the verandah. When he fell down, Kamal Khandit gave Bhujali blwo on his head. Thereafter, the assailants knowing that Suren Gope had died, left him. Biru alias Birendra Khandait asked the assailants to go to road to cause murder of Mahavir Gope by getting him down from the bus by force. Thereafter, all the assailants proceeded towards the Station in running condition. Pan mati Devi, wife of Mahavir Gope, not examined as prosecution witness, and Raghunath Gope (P.W.9), who is witness on the inquest report and has been declared hostile, are alleged to have seen the occurrence. The informant also claimed to identify all the assailants. The informant also claimed to identify all the assailants. The informant out of fear did not come out of home to inform the police. He was waiting for Mahavir Gope. After two hours of the alleged occurrence, Jamuna Kumari (PW. 10) and Laxmi Kumari (PW. 8), both daughters of Mahavir Gope (deceased) and Bhagwan Gope (not examined as prosecution witness) came home in frighten condition and informed that as Station Colony near Shiv Mandir, Mahavir Gope and Bhishm Gope were dragged from the C.T.C. bus by accused Raju Khandait, Biru alias Birendra Khandait, Raghu Khandait, Kamal Khandait, Laxman Choudhary, Gokhul Gope, Jiten Khandit, Pores and the son -in -law of the sister of Biru alias Birendra Khandait. They started assaulting Mahavir Gope and Bhishm Gope and were trying to bring them out of the bus. The informant was informed that the bus driver was asked to proceed ahead but the bus remained stopped there. Both Mahavir Gape and Bhishm Gape were boarded down from the bus and all the accused started assaulting them. Biru alias Birendra Khandait gave a stone blow on the head of Mahavir Gape and crushed his head with big stone. Kamal Khandit assaulted Bhishm Gape with Bhujali on his neck. Raju Khandait fired at Bhishm Gape, causing injury to him. When Bhishm Gape fell down, then Raju Khandit assaulted him with big stone on his head. Both the daughters of Mahavir Gope, namely, Jamuna Kumari and Laxmi Kumari, informed that when they saw the alleged occurrence, out of fear to save their lives, they fled away and went to their home and informed about the alleged occurrence to Krishna Gope and other family members. Jamuna Kumari had also informed that she was given two slaps by accused Kamal Khandait. The informant came to know about the incident from Jamuna Kumari, Laxmi Kumari and Bhagwan Gope that the alleged occurrence took place due to old enmity. The Fardbeyan of the informant was also witnessed by Jamuna Kumari and Laxmi Kumari, who signed on it and their signatures were marked as Exts. 4, 4/1 and 4/2 respectively.

(3.) THE learned court below mainly relied on the evidence of P.W 8 (Laxmi Kumari) and P.W 10 (Jamuna Kumari) and has stated that their ocular evidence has been supported by the doctor (P.W 3) and also the Investigating Officer (P.W 11), who had visited the place of occurrence.