LAWS(PAT)-2010-12-51

STATE OF BIHAR Vs. NARAYAN GOPE

Decided On December 03, 2010
STATE OF BIHAR Appellant
V/S
NARAYAN GOPE Respondents

JUDGEMENT

(1.) The Government Appeal and the Criminal Revision Petition challenge the acquittal of the respondents in Sessions Trial No.91 of 1984/165 of 1986 by the judgment and order of acquittal dated 20.8.1988 passed by the learned Additional Sessions Judge, 6th Court, Nalanda at Biharsharif. The two have been heard together and shall stand disposed of by the present common judgment.

(2.) The respondents facing trial in the above noted case were charged under Section 302/34 of the Penal Code. Besides the above general charge, there were some specific individual charges framed against some of the respondents. Respondents, Narayan Gope, Bijendra Gope and America Gope were charged together under Section 27 of the Arms Act, whereas, respondent Manikchand Gope was charged distinctly under Section 302/114 of the Penal Code. Respondent Shibdhari Gope was charged under Sections 302,120B as also under Section 119 of the Penal Code.

(3.) The case related to an occurrence dated 27.9.1983 when, as per the allegation, the informant Arjun Prasad, who is the petitioner in the Criminal Revision Petition, claimed going with his uncle Chhotan Prasad alias Chhotan Barahil to Noorsarai Block by bicycle. When the informant and the deceased had reached a particular place on a road, it was alleged, the informant found Saryug Prasad, Ramswarup Prasad, Basudeo Prasad and Churaman Prasad following the informant and the deceased also by bicycles. After having paddled up to 200-250 yards from Rani Pokhar, a pond, the deceased stopped to urinate while the informant continued going ahead. It is alleged that all on a sudden 8-10 persons emerged from the brick kiln situated north of the road armed variously. They caught hold of the deceased. Seeing this, the informant turned back his bicycle to go near his uncle and found that the deceased was grappling with the accused persons. In the grapple and scuffle which was going on, respondent Manikchand Gope is said to have ordered as to why they were waiting, the deceased be quickly shot dead, upon which the respondents Narayan Gope, Bijendra Gope and America Gope, who were armed with rifles and country made pistol, fired shots at the deceased hitting him respectively at back, left shoulder and on other parts not seen by the informant. Other villagers, by that time, had also reached there. It is further alleged that respondent Manikchand Gope again said that the deceased had not died and, as such, he be beheaded upon which respondent Surendra Yadav and Jadu Yadav caught the feet of the deceased while two unknown persons caught his hairs and respondent Ganauri Gope gave blows with fasuli on the neck of the deceased but the same was not cut. Thereafter, respondent Brahamdeo Gope cut the neck of the deceased with Fasuli from his right side. By that time, the people of the informant's village and others from village Meyar came there. The informant and others raised a hulla that his uncle had been murdered upon which PWs. were attracted. P.Ws. who were working in the nearby fields also came there whereupon the accused persons fled away towards south. The informant came on the road and found his uncle lying dead and that the neck of the deceased was completely cut except that it was attached only by the string of skin and further there were bleeding gun shot injuries on his neck and left shoulder. Fingers of both his hands had also been cut.