MAHENDRA GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 5th of August, 2008, passed by the learned Sessions Judge, Lohardaga, in Sessions Trial No. 56 of 2006, whereby, out of three accused persons, facing the trial, the appellant Mahendra Gope, has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Raghu Gope, the brother of the deceased Sanjay Gope, recorded at Village-Thekatali, P.S. and District Lohardaga, on 9.11.2005 at 10.15 hours, wherein the informant has stated that on 8.11.2005, his brother had gone to Bhandra Bazar and had returned back in the evening. In the night at about 8.00 P.M., he heard the noise from the house of his brother, whereupon, he came out of his house and saw that the ladies were quarreling and they were abusing his brother. In the meantime, Sanjeet Gope, Jodhan Gope, Birendra Gope @ Godam Gope and Mahabir Gope came, armed with lathi and they assaulted the deceased by lathi. Mahendra Gope came armed with tangi and he assaulted the deceased by tangi on his head, due to which, there were 2-3 cut injuries on the head of his brother and his brother fell down. Upon the alarm raised, the neighbouring persons assembled, but the accused persons fled away. Thereafter the informant with the help of Ganesh Gope and Rambir Gope, brought his brother to Sadar Hospital, Lohardaga, for treatment, where the first aid was given to him and he was referred to Ranchi. When they reached at Ranchi Hospital, he saw that his brother had died. Thereafter, the dead body was brought back to the village, and in the morning the police was informed. The informant has stated that he had no knowledge as to why the occurrence had taken place. Claiming that the aforesaid accused persons had assaulted his brother by lathi and tangi, causing his death, the fardbeyan was given by him to the police, on the basis of which, Lohardaga P.S. Case No. 228 of 2005, corresponding to G.R. No. 532 of 2005, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against the named accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.