GORKHA GOPE, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In these criminal appeals; Criminal Appeal (DB) No. 264 of 2012 by Mohan Gope and Criminal Appeal (DB) No. 309 of 2013 by Gorkha Gope, the appellants have challenged their conviction and sentence of R.I for life with fine of Rs. 1000/- each under section 302 of the Indian Penal, R.I for Seven years with fine of Rs. 1000/- each under section 307 of the Indian Penal Code and R.I for Five years under section 201 of the Indian Penal Code.

(2.) On the basis of the fardbeyan of Paltan Gope, Chakradharpur P.S. Case No. 139 of 2006 was registered against Mohan Gope, Gorkha Gope, Budhram Gope and Sadhu Charan Gope under sections 302, 307, 201 read with section 34 of the Indian Penal Code. The appellants have faced the trial on the charge under section 302/34 of the Indian Penal Code, under section 307/34 of the Indian Penal Code and under section 201/34 of the Indian Penal Code; Sadhu Charan Gope has died and Budhram Gope had absconded who, however, was subsequently arrested after the judgment in Sessions Trial No. 114 of 2007.

(3.) The informant of this case, namely, Paltan Gope is son of Rundai Gope. In his fardbeyan, the informant has stated that in the night of 06.11.2006, at about 7:45 p.m, when he was taking meal Mohan Gope armed with farsa, Gorkha Gope armed with tangi and Sadhu Charan Gope and Budhram Gope carrying bow & arrow came at his house and knocked the door. At that time his mother and sister were resting on a cot. When he opened the door and found the accused persons armed with deadly weapon he tried to flee away but after some chase he was caught by Budhram Gope and Sadhu Charan Gope. They pushed him on the ground, tried to strangulate him by hand and Gorkha Gope had tried to assault him with tangi, however, he warded off the attack. In the meantime, his mother came running there to save him but the accused persons caught her and pushed her on the ground and Mohan Gope and Gorkha Gope assaulted her with tangi and farsa. The informant somehow fled away and hid himself in the paddy fields. The informant has claimed that he has identified the accused persons in dibri light. Next day he has informed his uncle and when he reached home he did not find the body of his mother. He has found dragging marks and blood sign outside his house. He has stated that due to previous land dispute the accused persons have killed his mother.