GARDI LEYANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Nobody appears on behalf of the appellant.

(2.) The prosecution case in short is that the fardbeyan of the informant-Disue Gope (PW-2) was recorded on 6.4.1999 at about 8.45 AM wherein he has stated that when his elder brother Lakhinder Gope was enjoying heat of fire behind his house, the appellant came there with sword in his hand and suddenly assaulted on his neck, due to which, he fell down. The appellant again assaulted him causing several injuries on his shoulder, arm and hands. The informant cried for help and came there to rescue his brother but the appellant chased him and threatened him with dire consequences, on which the informant escaped from there, but he returned to the place of occurrence and found his brother lying dead. He learnt from the villagers that the appellant also assaulted one Budhan Singh Haiburu of the same village by sword cutting his left wrist and causing injury on his head, due to which he was badly injured and he was admitted to hospital and he died on the next day in course of treatment. There appears to be no cause behind this incident.

(3.) Two separate charges, one under section 302 IPC for the murder of Budhan Singh Haiburu and Lakhinder Gope, and the third under section 307 IPC for attempting murder of the informant, were framed against the appellant.