MADHU GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Amicus Curiae, Mr. Lukesh Kumar and learned counsel for the State, Mr. Satish Kumar Keshri, Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction dated 13.11.2009 and order of sentence dated 16.11.2009, passed by learned 1st Additional Sessions Judge, West Singhbhum at Chaibasa, in Sessions Trial No.260 of 2007, whereby the sole appellant has been convicted for offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life with a fine of Rs. 5,000/- and in case of default in payment of fine, to undergo further simple imprisonment for six months.

(3.) The prosecution case is based upon fardbeyan of Pusuwa Devi (P.W.-2) wife of the appellant and mother of the deceased Mangal Gope, recorded by Sub-inspector of Police, Ajay Kumar Panjikar, officer-in-charge of Jagarnathpur police station on 30.07.2007 at 15:30 Hours at village Jhirperi Tola Baihatu, wherein the informant has stated, that at around 08:00 P.M. on 29.07.2007 (Sunday) her husband Madhu Gope was quarreling with the eldest son Mangal Gope and asking him, why he is not giving the money, earned by him. During altercation matter became serious and under anger Madhu Gope has assaulted his son Mangal Gope by means of tangi on his chest, causing severe bleeding injury. The son of the informant and the accused fell down in the courtyard and after some trembling has died. It is alleged by the informant that her husband fled away alongwith tangi and under fear she could not disclose the occurrence to any person of the village and in the morning she has disclosed the same to the villagers, who have came there and saw the dead body of her son and Munda and Dakua of the village were called upon. Munda and Dakua have informed the police thereafter police came and statement of the informant was recorded at around 03:30 P.M. on Monday near the dead body of her son in presence of villagers. The fardbeyan has been signed by the witnesses namely Junesh Jerai (Munda) (P.W.-5) and Goda Gope (P.W.-3).