- (1.) The appellants along with one Thibhu Gope was charged under Sections 302/34 of the IPC for alleged murder of Chandra Bhushan Gope. After trial, the learned Court below found the appellants Nageshwar Gope and Khileshwar Gope guilty and convicted them under Sections 302/34 of the IPC and sentenced to undergo RI for life and acquitted Thibhu Gope. Aggrieved by the said conviction and sentence, the appellants have preferred this appeal.
(2.) The prosecution case as unfolded in the fardbeyan of Rajendra Gope, in brief, is that deceased Chandra Bhushan Gope and appellant Khileshwar Gope (brother- in-law) were working in Gujarat for their livelihood. It is alleged that in December, 1998 Khileshwar Gope had written a letter addressed to the sister of the informant using vulgar words against her. This was secretly concealed by the informant. When Chandra Bhushan Gope returned from Gujarat, that letter came in his hand and after reading the same, he went with the letter to the house of in-laws (the appellants) to enquire about the said letter. There was a hot exchange regarding the said letter between the deceased and the appellants and in course thereof Nageshwar inflicted injuries with a stone and Thibhu and Khileshwar gave lathi blows. In the meanwhile when the informant arrived there and tried to rescue his brother, appellants assaulted him. However, on intervention the villagers Digvijay Kumar, Gulab Gope and Pramod Sahu rescued the informant. The injured Chandra Bhushan Gope was taken to Basia Hospital where he was declared dead.
(3.) On the fardbeyan of Ranjendra Gope (PW 6), police registered a case under Sections 302/34 of the IPC against the appellants and Thibhu Gope as aforesaid and on completion of investigation, submitted charge-sheet against the said three persons under Sections 302/ 34 of the IPC.;