Kailash Gope Vs State of Jharkhand

2026:JHHC:2269-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (DB) No. 1146 of 2003

[Against the judgment of conviction and order of sentence both dated 26^th May, 2003 passed by learned Additional Sessions Judge, Fast Track Court-II at Chaibasa in S.T. No. 193 of 2002]

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Kailash Gope, S/o Sukhlal Gope (appellant No. 1, since deceased), R/o-VillBadabaljori (Jamsai), P.S. Guwa (Badajamda Outpost), Dist. West Singhbhum

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... ... Appellant

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Versus

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The State of Jharkhand … … Respondent

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P R E S E N T

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HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

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HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellant : Mr. Shubham Sinha, Amicus Curiae For the State : Mr. Pankaj Kumar, P.P.

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J U D G E M E N T

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C.A.V. on 06.01.2026 Pronounced on 28/01/2026

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Per- Pradeep Kumar Srivastava, J:

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Since, the appellant No. 1 namely Sukhlal Gope has died, his appeal stood abated vide order dated 14.08.2025.

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The instant Criminal Appeal is directed against the judgment and order of conviction and sentence both dated 26^th May, 2003 passed by learned Additional Sessions Judge, Fast Track Court-II at Chaibasa in S.T. No. 193 of 2002, whereby and whereunder the appellant has been held guilty for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

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Factual Matrix:-

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Factual matrix giving rise to this appeal is that on 04.08.2022, at about 09:00 AM, the accused persons Sukhlal Gope (since deceased) and Kailash

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Gope (present appellant) caught hold of the husband of the informant namely Budhram and brought near their house. It is alleged that Sukhlal Gope assaulted with broken piece of wood on the head of the Budhram with intention to kill him, as a result of which, Budhram sustained head injury and fell down. Thereafter, Kailash Gope, the present appellant, son of the Sukhlal Gope assaulted with kick and fist. The informant raised alarm, then, accused persons fled away. It is further alleged that the occurrence took place due to land dispute between the parties. Information was given to the Village Munda namely Mohan Chatumba who informed at Police Station about the occurrence.

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On the basis of Ferdbeyan of informant namely Shakuntla Gope, Gua P.S. Case No. 26 of 2002 dated 04.08.2002 was registered for the offence under Section 341, 323, 307/34 of the IPC and later on, Section 302 of the IPC was added after the death of the deceased.

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After completion of the investigation, charge-sheet was submitted against both the named accused persons and case was committed to the Court of Sessions where S.T. No. 193 of 2002 was registered.

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Trial commenced, after conclusion of the trial, impugned judgment of conviction and order of sentence was passed.

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Heard Mr. Shubham Sinha, learned Amicus Curiae appearing on behalf of sole appellant and Mr. Pankaj Kumar, learned P.P. for the State.

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Submissions on behalf of appellant: -

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Learned Amicus Curiae appearing has advanced argument on behalf of the alive appellant and has submitted that the deceased and the main assailant namely Sukhlal Gope happens to be real brother of each other and due to some land dispute and scuffle, the occurrence took place, in a sudden manner, wherein, only Sukhlal Gope has given a fatal blow to the deceased. There are

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general and omnibus allegation of assaulting the deceased after sustaining injuries caused by wood by the main assailant and assault through kicks and fists but no such injuries like abrasion, laceration and contusion have been found on the body of the deceased corroborating the infliction of injury by the present appellant namely Kailash Gope. The appellant being son of the main assailant of the deceased has been dragged in this case without any evidence of common intention on his part in causing death of the deceased. It is further submitted that the main assailant of the deceased namely Sukhlal Gope has died and his appeal has been abated. There is no role of the present appellant in sustaining his conviction of the offence of murder with the aid of the Section 34 of the IPC. The learned trial Court has not dealt with the evidence of witnesses in right perspective and recorded wrong finding about the guilt of the present appellant without discussing any evidence showing his role. As such, the impugned judgment and conviction and order of sentence passed by the learned trial Court is fit to be set aside.

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Submissions on behalf of State:-

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On the other hand, learned P.P. has vehemently opposed the aforesaid contentions raised on behalf of the appellant and submitted that the learned trial Court has very wisely and aptly acted upon the oral as well as documentary evidence adduced by the prosecution. Therefore, there is no illegality and infirmity in the judgment of conviction and sentence of the appellant calling for any interference in this appeal, which is devoid of merits and fit to be dismissed.

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We have gone through the record of case along with impugned judgment in the light of contentions raised on behalf of respective parties.

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The only point for consideration in this appeal is that “as to whether the impugned judgment of conviction and sentence of the appellant suffers from any error of law calling for any interference in this appeal or not?”

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Analysis, discussions and reasons: -

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Before adverting to adjudicating the above point, we have to take brief resume of the evidence of the witnesses available on record.

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It appears that altogether 10 witnesses were examined in this case by the prosecution:-

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P.W.-1 Shakuntla Gope is the informant-cum-wife of the deceased. According to her evidence, on the date of occurrence, it was Sunday and at about 09:00 AM, while her husband was going towards street adjacent to his home, meanwhile, Sukhlal Gope and Kailash Gope caught hold of her husband, she further stated that Sukhlal Gope gave a blow on head by a wood to her husband due to which he fell down and Kailash Gope assaulted by kick and fist. Her husband fell down and became unconscious, then, accused persons fled away. She has further deposed that at about 12:30 PM, Police arrived at her home and recorded her Fardbeyan. Her husband was also brought to Bara Jamda Hospital, where he died in the night at about 10 PM. She has also stated that there was land dispute between her husband and accused persons.

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P.W.-2 Mohan Chatumba is the village Munda. He received information from one co-villager namely Binod that Budhram has been murdered. Then, he went to the place of occurrence and saw Budhram was lying in injured condition. Then, he also came to know that there was some scuffle and exchange of assault between the deceased and his brother namely Sukhlal Gope due to which injured was assaulted by wood blow. He informed at the police station through telephone

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call. Then, police arrived at the place of occurrence. He has also signed over the Fardbeyan of the informant which has been marked as Exhibit-1.

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P.W.-3 Ravi Tanti is another eye witness of the occurrence who heard Halla and went to the place of occurrence and saw that Sukhlal was assaulting to Budhram on head by a wood, Budhram fell down sustaining injury, then, Kailash Gope also assaulted by Fist and both fled away. He has also proved the signature on inquest report along with other witnesses marked as Exhibit-1/1 and ½, respectively. He has also proved the signature on seizure list of the wood used in assaulting the deceased Budhram marked as Exhibit 1/3.

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P.W.-4 Fogu Gope is the son of the deceased. He has also corroborated the prosecution story to the extent that his father was assaulted by his brother Sukhlal Gope by wood and Kailash Gope assaulted by fist.

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P.W.-5 Dhanmati Gope is also an eye witness of the occurrence and stated that Budhram was assaulted by a wood on his head by his brother Sukhlal Gope. When, he fell down, then, Kailash Gope gave a fist blow.

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P.W.-6 Mitla Gope is also an eye witness of the occurrence who stated that Sukhlal Gope assaulted Budhram on his head due to which he fell down. Thereafter, Kailash Gope assaulted by fist and kick blow.

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P.W.-7 Binod Gope is tendered witness and stated nothing about the occurrence.

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P.W.-8 Dr. B.K. Sahani has conducted post-mortem on the dead body of the deceased on 06.08.2002 at about 11 am and found following injuries:-

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External Examination

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Both eyes closed, mouth slight open, blood clot from mouth and nose present, fullness of abdomen present, rigor mortis present half in hands and full in legs, greenish discoloration of skin and right iliac region due to put retraction.

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A stitched wound at right upper portion part of skull of sized 8 cm x 0.5 cm

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x upto bone deep and a haematoma at right lateral mid of skull of size 6 cm x 5 cm with dressing of the wound.

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On dissection-

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Depressed fracture of both portion parietal upper bone and upper part of occipital bone with above mentioned stitched wound with extra dural and sub dural haemorrhage of blood substance with blood clot within brain substance

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Neck-Intact

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Heart-Both chamber empty

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Stomach-Contains some semi digested food about 100 gm.

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Bladder contain some urine.

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Opinion-

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Death was due to haemorrhage and shock due to head injury caused by hard and blunt substance may be a piece of wood.

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Time since death-36 hours to 48 hours.

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He has proved his writing and signature on this P.M. Report which is marked as Ext.-2

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P.W.-9 Dr. Binod Kumar. According to his evidence, on 04.08.2022, he was posted as Medical Officer at Central Hospital, Bada Jamda, West Singhbhum. On that day, a patient named Budhram was admitted in the hospital with the head injury who died on 04.08.2002 at about 09:55 PM. He has issued the death certificate of the deceased. He also admits that when the injured was brought to the hospital, he was under unconscious condition.

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P.W.-10, Sri Shailendra, S.I. was posted as I.O., O.P. Bara Jamda and on the same day, he received information from Mohan Chatumba, Village Munda that

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Sukhram Gope has assaulted his brother Budhram who sustained severe injury and became unconscious. He reached at the place of occurrence at village Bara Baljori and recorded the statement of wife of deceased namely Shakuntla Gope which has been marked as Ext.3 in the presence of Munda. He has also proved fardbeyan which was written in his pen and bears signature. He recorded the re-statement of the informant as the same was not recorded due to fact that she was not in a position to give any statement. He visited and inspected the place of occurrence and described the place of occurrence as Gali which is situated just each to the house of the accused Sukhlal Gope and Budhram. He took the injured to the Bada Jamda Central Hospital. He recovered the weapon of assault from the house of Shakunta. He proved the seizure list which was prepared in his pen and signature marked as Ext. 4. He further proved the endorsement on the Fardbeyan written in his pen and bears the signature of S.I. Tes Lal Ram, O/C, P.S. Gua which is marked as Ext. 3/1. He further proved the formal FIR which was written in the pen and bears the signature of Sri Tes Lal Ram, O/C, P.S. Gua, marked as Ext. 5. He further proved the inquest report which was prepared in carbon process in the pen and signature of Sashi Bhushan Singh, A.S.I., O/C, P.S. Gua in the presence of independent witness Fagu Gope and Ravi Tanti who have also put their signatures on the inquest report and arrested the accused Sukhlal and Kailash Gope.

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The overall factual aspects disclosed by the eye-witnesses and the assessment of overall oral testimony of the witnesses goes to show that it was Sukhlal Gope who is the main assailant and has given head injury by a broken piece of wood and so far as the role of the present appellant is concerned, there is simple allegation that when the deceased fell down due to head injury sustained by a broken piece of wood, the present appellant has given fist and kick blow but no such type of injury has been found either at the time of first aid given to the injured or in the post-mortem report itself of the deceased. There is also no

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evidence at all that the appellant along with his father Sukhlal Gope (main appellant) has ever entered into any plan or concerted with each other to form common intention to kill the deceased, in furtherance thereto, the deceased was assaulted by his father.

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The learned trial Court has not recorded any finding regarding the presence of any common intention between the main assailant of the deceased and the present appellant. The role attributed to the appellant is also insignificant. It also appears that the present appellant has been involved in this case only because he happens to be son of the main assailant of the deceased. Therefore, the learned trial Court has not properly appreciated the aforesaid aspects of the case and the role of the present appellant as such the conviction and sentence of the appellant suffers from serious error of law.

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In view of the above discussions and reasons, we find merits in this appeal. Accordingly, the judgment of conviction and order of sentence of the present appellant passed in S.T. No. 193 of 2002 is hereby set aside and this appeal is allowed and the appellant is acquitted from the charges levelled against him.

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The appellant is on bail; he is discharged from the liabilities of bail bonds and his sureties are also discharged.

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Pending I.A., if any, stands disposed of.

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We take this opportunity to appreciate the assistance rendered by Mr. Shubham Sinha, learned Amicus Curiae and direct the Member Secretary, High Court Legal Services Committee to extend the stipulated fees of Rs. 7,500/(Rupees Seven Thousand Five Hundred Only) to Mr. Shubham Sinha, within a period of four weeks from the date of receipt/production of a copy of this order.

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