GOPI NATH GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae appointed by the Court for the appellant and learned counsel for the State.

(2.) This appeal is directed against the Judgment of conviction dated 6.2008 and Order of sentence dated 3.6.2008, passed by the learned Sessions Judge, West Singhbhum, Chaibasa, in Sessions Trial No. 184 of 2005, whereby, the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code, on the allegation that he had committed the murder of his own son. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and a fine of Rs. 10,000/- for the said offence.

(3.) This is a case, in which, FIR was initially lodged against five named accused persons for committing the murder of the deceased, in which, the appellant Gopi Nath Gope was not made an accused. The FIR was lodged on the basis of the fardbeyan of Sunita Devi, the wife of deceased Babulal Gope, recorded on 22.2005, wherein, she had stated that the occurrence had taken place on 19.2005, when in the night she had seen the five accused persons, namely, Shankar Gope, Ghasi Gope, Ravi Gope, and Pito Gope, and wife of Ghasi Gope, assaulting her deceased husband due to which he subsequently died after two days. She had thus, given a completely different story about the occurrence. On the basis of the fardbeyan, Jhinkpani P.S. Case No. 14 of 2005 corresponding to G.R. No. 175 of 2005, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code against the aforesaid accused persons and investigation was taken up. After investigation also, it appears that charge-sheet was submitted against those five named accused persons only.