- (1.) BOTH these appellants were put on trial in Sessions Trial No. 22 of 2003 on the accusation of committing murder of Radha Govind Gope. The trial court having found both of them guilty of committing his murder, convicted them under section 302/34 of the Indian Penal Code vide its judgment dated 17.2.2005 and, accordingly, sentenced each of them to undergo imprisonment for life.
(2.) THE case of the prosecution is that on 3.8.2002, the informant Sitaram Gope (PW8) as well as his father Radha Govind Gope (deceased) had gone to ease themselves towards the pond. While they were returning, they as soon as reached near the house of Duryodhan Gope situated near the field of Primary School, Pamia, both the appellants, came out of the house of Duryodhan. Roso Gope, appellant No. 2 was having a tangi with him whereas Chhutu Gope (appellant No. 1) was having a lathi. Upon seeing Radha Govind Gope there, appellant Roso Gope assaulted him with tangi over his chest, and right arm, as a result of which he fell down and then appellant Chhutu Gope gave a lathi blow upon him. However, Radha Govind Gope stood up and tried to flee from there, but after going to a distance of about 50 -ft. he fell down and died there. In the midst of occurrence, when the informant PW8 raised alarm, Bharat Gope (not examined), Sushen Gope (PW2), Banmali Mahto (PW1) and Balram Gope (PW3) came and saw the occurrence. Meanwhile, Krishna Dutta Jha (PW7), Officer in Charge, Ichagar PS received rumour about the murder of a person at village Pamiya. On receiving such information, he made Entry to that effect in the Station Diary and proceeded to the place of occurrence, where he recorded the fardbeyan (Ext. 2) of the informant on 3.8.2002 at about 10.30 a.m wherein the informant narrated about the incident as has been stated above and also stated that the accused appellants did commit such offence as four days before, an altercation had taken place in between the appellant Chhutu Gope and the deceased on the point of irrigating land and there Chhutu Gope had extended threats of dire consequence.
(3.) ON such fardbeyan, a formal FIR was drawn and the officer incharge, Krishna Dutta Jha himself took up the investigation during which he held inquest on the dead body of the deceased and prepared an inquest report (Ext4). In course of inspection of the place of occurrence, he did find blood being spilled over the ground which he collected under seizure list (Ext5). Meanwhile, he sent the dead body for post mortem examination, which was conducted by Dr. Yogendra Nath (PW9) who upon holding autopsy on the dead body of the deceased, did find the following injuries on the person of the deceased: A. Incised wounds: - - (I) 12.5 c.m. x 4 c.m. X bone deep obliquely placed over right chest front upper part. The weapon cut underlying right collar bone and sternum. (II) 29 c.m. X 4 c.m. X soft tissue over right fore arm front and adjoining lower half of the upper arm, minimum two blows have caused the wounds as evidenced by skin flaps, two in numbers. (III) 3 c.m. x 1 1/2 c.m. X bone deep over right outer part of orbital margin. (IV) 3 c.m. X 1 c.m. X bone deep over left partial scalp. B. Internal injuries: - - There was contusion of brain. The vessels of right arm, and the fore arm were cut.";