KAILASH GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since, the appellant No. 1 namely Sukhlal Gope has died, his appeal stood abated vide order dtd. 14/8/2025.

(2.) The instant Criminal Appeal is directed against the judgment and order of conviction and sentence both dtd. 26/5/2003 passed by learned Additional Sessions Judge, Fast Track Court-II at Chaibasa in S.T. No. 193 of 2002, whereby and whereunder the appellant has been held guilty for the offence under Sec. 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) Factual matrix giving rise to this appeal is that on 4/8/2022, at about 09:00 AM, the accused persons Sukhlal Gope (since deceased) and Kailash Gope (present appellant) caught hold of the husband of the informant namely Budhram and brought near their house. It is alleged that Sukhlal Gope assaulted with broken piece of wood on the head of the Budhram with intention to kill him, as a result of which, Budhram sustained head injury and fell down. Thereafter, Kailash Gope, the present appellant, son of the Sukhlal Gope assaulted with kick and fist. The informant raised alarm, then, accused persons fled away. It is further alleged that the occurrence took place due to land dispute between the parties. Information was given to the Village Munda namely Mohan Chatumba who informed at Police Station about the occurrence.