- (1.) This appeal has been preferred by the appellants named above against the impugned judgment dated 25.2.1995 passed in Sessions Trial No. 59 of 1989 by Shri Paras Nath Sinha, District and Sessions Judge, Singhbhum West at Chaibasa whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/34 and 452 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life for the offence punishable under Section 302/34 of the Indian Penal Code but no separate sentence was awarded for the offence under Section 452 of the Indian Penal Code.
(2.) The prosecution case has arisen on the basis of the fardbeyan of P.W. 2 Padma Gopin, the informant and wife of Ghashi Gope, the deceased of this case recorded by S.I. on 6.7.88 at 9.30 hours at Anandpur P.S. regarding the occurrence which is said to have taken place on 5.7.1988 at 20.00 hours in village Thiya Tangar P.S. Anandpur, District Singhbhum.
(3.) The prosecution case in brief is that the informant along with her husband Ghashi Gope on return from Anandpur Mangla Hat at about 4 or 5 P.M. was in her house and Chowkidar P.W. 8 Nicolas Topno has also come to her house while returning from the said market and Ghashi Gope and Nicolas Topno were sitting together and talking. It is alleged that the appellants Chatur Gope armed with axe, Budhu Gope armed with Davli, Budhu Gope armed with lathi, Bhadru Gope armed with axe, Patru Gope (since dead) armed with Tabala and Nando Gwala armed with lathi have trespassed into the house of the informant ana at that time she was in the kitchen trying to burn fire in the oven and all the aforesaid appellants started assaulting Ghashi Gope and appellant Chatur Gope assaulted Ghashi Gope with axe and, thereafter, they have dragged and carried Ghashi Gope towards Sapu river and in spite of the protest and cries by her, the appellants did not leave Ghashi Gope and took him with them. It is also alleged that the informant did not follow the appellants due to fear and due to the fact that she was alone and no villager came to the place of occurrence on her alarms and Chowkidar Nicolas Topno also fled away from there. The prosecution case further is that in the morning she went towards the said river along with the co-villagers and the Chowkidar afore-said where the dead body of the deceased was found in a sack tied with the stones and there were several injuries on the backside of his neck, cheek, temple and toad and information to that effect was given to the local P.S. It is also alleged that mere is land dispute between the deceased and the appellants prior to the occurrence which is still existing and alive and one day prior to the occurrence there had been an altercation between them in the night and I due to the said enmity Ghashi Gope has if been done to death by the appellants.;