RAKHAL GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 8.1.2002 and 11.1.2002 respectively, passed by learned 1st Additional District & Sessions Judge, Bokaro at Chas in Sessions Trial No. 9 of 1988, convicting the appellants under Sections 302/34 I.P.C. and Sections 307/149 I.P.C. and sentencing them to undergo imprisonment for life for the offence under Section 302 I.P.C. They are further sentenced to undergo imprisonment for life for the offence under Section 307 I.P.C. both the sentences shall run concurrently. The prosecution case in short is that the Jaideo Gope-informant (P.W. 10) lodged a fardbeyan on 10.6.1986 at about 9 P.M. in his house before the police that at about 6 P.M. the cow of- his brother Bishun Gope (P.W. 6) while grazing, started eating straw of appellant No. 1 Rakhal Gope on which he assaulted the cow with Lathi. The cow fell on the ground. On this, father of the informant Raghu Gope (deceased) made protest. Then there was altercation and quarrel between the appellant No. 1-Rakhal and the father of the informant. On Hulla, the brother of the informant Bishun Gope and Gobardhan Gope (P.W. 7) came to lift the cow. In the meantime, appellant Rakhal brought Tangi (Axe) from his house and appellant-Buchu brought Tabla; accused Tinkal Gope brought Ballam and Mrityunjay Gope brought Tabla and they started beating the informant party. Mrityunjay and Tinkal assaulted the brother of the informant, Gobardhan (P.W. 7) with Ballam, due to which he fell. Appellant Buchu assaulted Bishun (P.W. 6) by Tabla due to which he also fell. Appellant Rakhal assaulted informant's father Raghu with Tangi and when he fell, appellant Buchu also assaulted him by Tabla, due to which his father died. Thereafter the accused persons fled away. The informant due to fear did not intervene. The occurrence was witnessed by the female members, namely, Arti Devi (P.W. 8) and Namoni Devi (P.W. 8).

(2.) The prosecution has examined 10 witnesses. P.W. 1 is the Doctor who examined injured P.W. 7-Gobardhan Gope. P.W. 2 is the Doctor who examined injured P.W. 6-Bishun Gope. P.W. 3 is the Doctor who conducted post mortem on the deceased Raghu Gope. P.Ws. 4 and 5 are hearsay witnesses. P.Ws. 6 to 10 are the eye witnesses.

(3.) Mr. A.S. Dayal, learned counsel, appearing for the appellants, assailed the impugned judgment on various grounds. He submitted that at best appellant No. 1-Rakhal Gope could be convicted under Section 304 I.P.C. and appellant No. 2 Buchu Gope could be convicted under Section 324 I.P.C.