LAGAN GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 29th May, 2006 and Order of sentence dated 30th May, 2006, passed by the learned Additional Sessions Judge, F.T.C. No.-I, Gumla, in S.T. No. 312 of 2004, whereby, the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the fardbeyan of the informant Pacho Devi, the wife of the deceased Dhirja Gope, recorded on 09.08.2004, at about 12.30 P.M., at her village Kalinga Karanj Toli, P.S. and District Gumla. She has stated that on the previous day, i.e., on 08.08.2004, her husband had gone to the market for selling radish at about 00 P.M. The informant also went to the agriculture field for sowing paddy, and she returned back to her house at about 6.00 P.M., but her husband had not returned till that time. She heard that her husband had a quarrel with his younger brother Lagan Gope. The informant searched her husband, but she could not find him and thereafter, she went to sleep as there used to be quarrel between both the brothers. At about 10.00 P.M., she heard the alarm raised by her husband, whereupon she came out of her house and saw the accused Lagan Gope assaulting her husband, giving repeated blows by axe on his head. Her husband fell down. When the accused saw the informant, he chased the informant also threatening to kill her, whereupon she entered her house and closed the door and she could not do anything due to fear. In the morning also, the accused was roaming with the axe in his hand saying that he has killed his brother. She also informed the persons, who had assembled there about the occurrence, and even at that time, whenever she wanted to go near the dead body, the accused used to threaten her. When the villagers assembled there, he was apprehended by the villagers and was kept confined near tamarind tree. Thereafter she saw the dead body of her husband with multiple injuries caused by axe, due to which he had died. She has stated that there used to be quarrel between her husband and her brother-in-law and she claimed that the accused had assaulted her husband by axe causing his death at the spot. On the basis of the fardbeyan of the informant, Gumla P.S. Case No. 155 of 2004, corresponding to G.R. No. 498 of 2004, was instituted for the offence under Section 302 of the Indian Penal Code, against the sole accused Lagan Gope, and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.