PEDU GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Shankar Lal Agarwal assisted by Mrs. Asha Kumari, Advocate and learned counsel for the State, Mrs. Laxmi Murmu, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal has been preferred against the judgment of conviction dated 19.02.2004 and order of sentence dated 20.02.2004, passed by learned Additional Sessions Judge, Fast Track Court No.-V, Jamshedpur, East Singhbhum, in Sessions Trial No. 131 of 2003, whereby, these appellants have been convicted for the offence committed and punishable under Sections 304 part II of the Indian Penal Code and Pedu Gope has also been convicted for the offence committed and punishable under Section 323 of the Indian Penal Code. The learned trial Court has acquitted Suru Gope from the charge framed against him. The learned trial Court has awarded Rigorous Imprisonment for seven years with a fine of Rs.2,000/- each and in default in payment of fine to further undergo simple imprisonment for three months to all the convicts. Pedu Gope has further been awarded Rigorous Imprisonment for six months for the offence committed and punishable under Section 323 of the Indian Penal Code. Both the sentences of Pedu Gope are directed to run concurrently.

(3.) The prosecution case, is based upon the written report submitted by informant, Bindaban Gope (P.W.1) recorded by Officer-In-Charge, Govindpur, Jamshedpur Police Station on 26.06.1995, wherein, the informant has stated that, on 22.06.1995, Thursday, the informant Bindaban Gope(P.W.1), a resident of Loabasa under Govindpur Police Station, District- East Singhbhum, had gone to village-Dabha, P.S. Balrampur, District Purulia(West Bengal), with his entire family members and at that time, he handed over his one cock and one hen to his uncle, Chuna Gope, being his neighbour, to took after it. On 24.06.1995, Saturday at 3.00 P.M., he returned with his entire family members from his village and thereafter, he inquired from his uncle about his cock and hen, who told him that he has released it for pasturing. In the meantime, his another uncle Gobind Gope told him that he ate a cock and hen was not traced out despite intensive search. On the following day i.e. 25.06.1995 at 7.00P.M. a Panchayati was called upon for cock and hen. In the panchayat, the villagers were coming. Accused Pedu Gope having a hockey stick in his hand, Pagla Gope having a wooden piece in his hand and Kumhara Gope having a lathi in his hand came there and Pedu Gope inflicted a hockey stick blow on the left temple of uncle of informant, Chuna Gope and another blow on the head of father-in-law of the informant, Indra Gope(P.W.3) causing bleeding injury on the temple of Chuna Gope and bleeding injury on the head of Indra Gope. Chuna Gope was further assaulted by Pagla Gope with wooden piece and Kumhara Gope with lathi on his body. In the meantime, persons assembled in Panchayati tried to hold them but they fled away. Accused, Suru Gope was abusing along with them.