KRIPA GOPE @ KRIPA SINGHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Ms. Amrita Banerjee assisted by Mr. Pankaj Verma, Advocates and Mr. Suraj Verma, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant criminal appeal is directed against the impugned judgment of conviction, dated 10.06.2003 and order of sentence, dated 17.06.2003, in Sessions Trial No.258 of 1989 passed by learned Additional District & Sessions Judge, Fast Track Court-IV, Bokaro, whereby the sole appellant has been convicted for the offence punishable under Sections 324 and 307 of the Indian Penal Code and awarded rigorous imprisonment for one year and rigorous imprisonment for seven years respectively. By the said impugned judgment, two other co-accused persons have been acquitted by the learned trial Court.

(3.) The prosecution case is based upon the fardbeyan of Sona Ram Gope (P. W. 7) recorded by Sub-Inspector N. K. Singh, Pindrajora Police Station on 27.08.1985 at 11.30 p.m., where the informant has alleged that his son-in-law Kripa Gope used to assault his daughter Buluna Gwalin and after assault, he has sent his wife to the house of the informant with his younger brother, Haren Gope, one week ago before the date of occurrence. It is alleged by the informant that yesterday i.e on 26.08.1985, his son-in-law came to the house of the informant to meet his wife but the informant refused on the ground of illness of his daughter and has assured that after one week, he may take her or the informant himself will bring her to Sasural. Upon this, the sonin-law abused the informant and stayed at night in the house of the co-villager Kiran Gope. It is further alleged that today i.e. on 27.08.1985, in the morning son-in-law came again and abused the informant and again went to the house of Kiran Gope. It is alleged that at around 8.00 p.m. in the night, the accused Kripa Gope came to the house of the informant and fired with a gun causing injury to the informant. When Kirti Singh and Karuna Devi came for the rescue of the informant, then the accused also fired upon them, due to which both of them also got injured. The informant has stated that the firing was made by his son-in-law Kripa Gope along with his elder brother Yogendra Gope and one unknown person, whose face could not be remembered because of darkness. The informant has claimed that his son-in-law Kripa Gope, Yogendra Gope and one unknown person fired from a gun causing injury upon him, Kiti Singh and daughter Karuna Devi.