SUNNY GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Rashmi Kumar, learned counsel for the appellant and Mr. Anup Pawan Topno, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/7/2019 (sentence passed on 31/7/2019) passed by Sri Shyam Nandan Tiwari, learned Additional Sessions Judge-III, West Singhbhum at Chaibasa in S.T. No. 55/2014, whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302 IPC and has been sentenced to imprisonment for life along with a fine of Rs.10,000.00 and in default in payment of fine, to undergo simple imprisonment for one year.

(3.) The prosecution case arises out of the fardbeyan of Jaishri Mukhi recorded on 20/7/2013 in which it has been stated that on the same day at 9:00PM, the brother of the informant, namely, Bagun Mukhi went to his room after having dinner and while the informant was having her dinner in her room, she heard a cry of alarm from her brother that Sunny Gope (appellant) has stabbed him with an arrow. When the informant rushed to the room of her brother, she found Sunny Gope fleeing away. The brother of the informant was breathing slowly and blood was oozing out from the injuries on his neck. On the alarm raised by the informant, several persons had assembled and as they were making preparation to take Bagun Mukhi to the hospital, he died. Based on the aforesaid allegations, Mufassil (Chaibasa) P.S. Case No. 72/2013 was instituted against Sunny Gope under Sec. 302 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 55/2014. Charge was framed under Sec. 302 IPC against the accused to which he pleaded not guilty and claimed to be tried.