FATICK GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dtd. 22/7/2003 passed by the Additional District and Sessions Judge, Fast Track Court No. IVth Bokaro in S.T. No. 206 of 1997 and T.R. No. 118 of 2002 by which the appellants have been convicted u/s 148, 307/149 of IPC and they have been sentenced to undergo Rigorous Imprisonments for one year under sec. 148 of IPC and R.I. for 5 years under Sec. 307/149 of IPC. All the sentences were directed to run concurrently.

(2.) The case of the prosecution as disclosed in the written report dtd. 13/11/1996 by the informant Sukhdeo Gope @ Jangli Gope (P.W. 6) is as under: There was an altercation between Nandlal Gope (brother of the informant Sukhdeo Gope @ Jangli Gope) and Fatick Gope on the occasion of Diwali with respect to "Karakhutta" function. The hot talk got aggravated and on call of the accused appellant Fatick Gope co-accused persons namely Arun Gope, Ganesh Gope (Appellant no. 3), Mani Gope (Appellant no. 2), Sudhir Gope and Bhim Lal Gope (Appellant no. 4) came with deadly weapons such as Tangi, Farsha and Lathi and surrounded Nand Lal Gope. Mani Gope and Sudhir Gope assaulted Nand Lal Gope with Farsha and Tangi and Bhim Lal Gope assaulted him with Lathi. Nand Lal Gope received injuries. Informant Shukh Deo Gope was also assaulted by Fatick Gope with Tangi when he tried to pacify the matter. Informant received injury in his left cheek. Arun Gope and Ganesh Gope inflicted lathi blow on his back and arm. The villagers came on hullah and intervened. The occurrence took place at about 5 p.m. in front of the informant.'s house.

(3.) On the basis of the written report Chas (M) P.S. Case No. 63/1996 dtd. 13/11/1996 u/sec. 147/148/323/324/307 of IPC was registered against Fatick Gope, Mani Gope, Arun Gope, Ganesh Gope, Sudhir Gope and Bhim Lal Gope and investigation was started. After completion of the investigation charge sheet was submitted against Mani Gope, Arun Gope, Sudhir Gope, Ganesh Gope, Fatcik Gope and Bhim Lal Gope under Ss. 147/148/323/324/325/326/307 of IPC. Accordingly, cognizance was taken by the learned J.M. Ist Class Bokaro. After commitment of the case, the charges were framed for the offences punishable u/s 148, 307, 149 of IPC against six accused persons on 6/8/1999 and trial of the case commenced. After conclusion of the trial, the impugned judgment of conviction and order of sentence was passed in which all the appellants were found guilty for the offence punishable u/s 148, 307/ 149 of IPC and accordingly, the sentence was passed, which is under challenge in this appeal.