MAHADEV GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These criminal appeals have been directed against the judgment of conviction dated 16.04.2003 and sentence dated 17.04.2003, passed by learned 3rd Additional Sessions Judge, Bokaro in connection with Sessions Trial No.105 of 2000 whereby and whereunder the learned 3rd Additional Sessions Judge has held the appellants guilty for the offence punishable under Section 148 & 302 read with 149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302 read with 149 of the Indian Penal Code and three years rigorous imprisonment under Section 148 of the Indian Penal Code and the sentences so passed were directed to run concurrently.

(2.) The prosecution case, as it appears from the fardbeyan of Bishu Gope, is that on 27.11.1999 in the morning at about 6.00 a.m. the informant could learn that agnates of deceased Bhim Gope had assembled at the disputed field situated at Dhowa Tand in order to carry harvested paddy. After receiving such information the informant along with Bhim Gope and Ashu Gope went to the place of occurrence to raise objection against removal of paddy. When they reached to the field, they found all the appellants having Farsa and Tangi in their hands and some of their associates, who were unknown to the informant, were armed with bows and arrows. No sooner objection was raised, the appellant Mahadev Gope ordered to kill them. Thereafter Kalipad Gope, Mahendra Gope, Mahadev Gope, Jagdish Gope, Dhundha Gope and Suka Gope inflicted indiscriminate blows by means of the weapon which they were having in their hand and killed Ashu Gope in the field itself. Bhim Gope tried to escape but could not succeed and he was restrained near the pond and he too was badly assaulted by the accused persons and lost his life. The informant, who had been watching the incident from a distance, fled away raising alarm. The fardbeyan of Bishu Gope was recorded on 27.11.1999 at about 8.00 a.m. in the village. On the basis of fardbeyan Pindrajora P.S. Case No.76 of 1999 under Sections 147, 148, 149 and 302 of the Indian Penal Code against seven named accused including the appellants was registered. The police, after due investigation submitted chargesheet against all the six appellants excluding one of the accused Suka Gope. Learned C.J.M. took cognizance and the case of the appellants was committed to the Court of Sessions and registered as S.T. Case No.105 of 2000. The charges under Section 147, 148 and 302/149 were framed on 28th July, 2000. Since the appellants denied the charges, the trial proceeded.

(3.) Prosecution has examined altogether 12 witnesses to substantiate the charges framed against the appellants whereas the appellants have also examined two witnesses in their defence.