ANTU GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) When this appeal is called out today for final hearing, nobody appeared on behalf of the appellant. Counsel for the appellant, who was appointed by this court as Amicus Curiae, is absent. We, therefore, appoint Ms. Amrita Banerjee, who is in the panel of Jharkhand State Legal Services Authority, as Amicus Curiae, Ms. Banerjee has accepted this matter and argued out the case at length.

(2.) This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 21st January, 2003 and 22nd January, 2003 respectively, passed by the Sessions Judge, Singhbhum West at Chaibasa in Sessions Trial No. 49 of 1998. This appellant has been convicted and sentenced to life imprisonment for the offence punishable under Section 302 I.P.C.

(3.) It is the case of the prosecution that on 28th July, 1997 informant Krishna Chandra Tamsoy (P.W. 3) gave written report to police that on 28.07.1997 at 9 A.M. informant's younger brother Rajesh Chandra Tamsoy (deceased) was constructing Merh in his field. In the meantime his co-villager Antu Gope (accused) came there and after sitting on the Merh he started talking with Rajesh Chandra Tamsoy in the paddy field and during the talk he assaulted Rajesh Chandra Tamsoy with Chhura and gave about 10 blow of Chhura in stomach, chest, hand, thigh and in back portion of body due to which he was badly injured and died at the place of the occurrence (in paddy field). The informant further alleged that due to Hulla of Bacchao-Bacchao raised by his younger brother, the informant with his co-villagers ran towards the place of occurrence and after seeing them, Antu Gope fled away towards jungle and when he reached near his brother at paddy field, at that time he was dead.