- (1.) Per Justice Ananda Sen, This appeal has been filed by Bobby Devi @ Beby wife of Charku Gope, Kalinder Gope, son of Tumpa Gope and Charku Gope, Son of Mohar Gope, challenging the judgment of conviction and order of sentence dated 25th July, 1992 passed by 1st Additional Session Judge, Gumla in Sessions Trial No. 86 of 1990, whereby they have been convicted for the offence under Sections 302 / 34 of the Indian Penal Code. After conviction they have also been sentenced to undergo imprisonment for life.
(2.) During pendency of this appeal, Charku Gope has expired, thus vide order dated 18.10.2016 this appeal stood abated so far as Charku Gope is concerned.
(3.) The prosecution case is based on the fardbeyan of Raghu Tatwa son of late Ramu Tatwa stating therein that on 16.10.1989 at about 5.30 p.m. his elder brother Jagdish Tatwa's (deceased) sister-in-law came and informed him that Jagdish Tatwa has been murdered. On receipt of the said information the informant along with his elder brother Dawarika Tatwa went to the place of occurrence. Upon reaching the place of occurrence he saw that his brother lying dead in the field. It was seen that on the right side of his face and forehead there was injury and he was lying in a pool of blood. Wife of the deceased (sister-in-law of the informant) told him that after Karma festival the deceased along with his wife was returning from his in-laws house at sunset and Thepa Lohra was also with them. The wife of the deceased was walking at some distance behind the deceased. When they reached near Baratand field, Charku Gope with a dagger in his hand, wife of Charku Gope, Bobby Devi with a heavy stick in her hand and brother-in-law of Charku Gope, Kalinder Gope also with a dagger in his hand attacked Jagdish Tatwa and killed him. He stated that since the wife of the deceased is not in a position to go to the police station, the informant gave the information of the said murder to the police. He stated that how the incident happened, will be narrated in detail by the wife of the deceased. He stated that because of some previous enmity the accused has committed murder of the deceased.;