RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. Both the appeals emanate from the same impugned Judgment and order of conviction as such, same are being heard together and decided by this common Judgment.

2. Both the appeals are preferred against the impugned Judgment of conviction and order of sentence dated 22.09.1998 passed by learned Additional Sessions Judge, Singhbhum West at Seraikella in S.T. No. 146 of 1992 whereby appellants have been found guilty under Sections 302/148/149 of I.P.C. and sentenced to undergo life imprisonment under Section 302/149 of I.P.C. and further sentenced to undergo R.I. for two years under Section 148 of I.P.C.

3. In the present case, FIR being Seraikella P.S. Case No.39/91 dated 05.06.1991 under Section 147/148/149/302/307/326 of I.P.C. came into existence on the basis of fardbeyan of Bikram Gope S/o late Gobind Gope resident of Chota Lapang P.S. Ichgarh, District-West Singhbhum recorded on 05.06.1991 i.e. Wednesday at 13:45 Hrs. in injured condition at Seraikella SubDivisional Hospital, who allegedly stated before Daroga ji of Seraikella P.S. that on 05.06.1991 he came to look after his case in Seraikella Court alongwith his father and after completion of Court work at about 12.30 P.M., they went to Dogi Ghat river to take bath and the moment they reached near the river, all of a sudden his villagers Koila Gope son of late Mahindar Gope, Kala Gope son of Srikanto Gope came from backside and started giving bhujali blow on him as well as his father and in the meanwhile, Hero Gope son of Sikandar Gope, Hemanto Gope Son of Ananto Gope, Paltan Gope son of Ananto Gope all residents of Chota Lapang, P.S. Ichagarh, District West Singhbhum and Santosh Mahato son of Kartik Mahato resident of Bada Lapang P.S. Ichagarh, District West Singhbhum also came and all of them started giving bhujali blow on them and on account of which, they could not save themselves and all the above said persons caused number of injury on their persons specially on their heads on account of which his father succumbed to injury in the hospital. The reason for quarrel assigned by informant is that case under Section 145 Cr.P.C. is going on at Seraikella Court between them.

4. Record reveals that the above said informant referred to M.G.M Hospital, Jamshedpur on the same day and he succumbed to injury on 07.06.1991, as such, the above said fardbeyan has become dying declaration of the informant/deceased.

5. After due investigation chargesheet has been submitted and after taking cognizance of the offence, case was committed to the court of sessions and thereafter charge has been framed against accused persons to which the appellants-accused persons pleaded not guilty and claimed to be tried.

6. To prove its case, prosecution has examined as many as eleven witnesses and they are P.W.-1, Dr. Muralidhar Das who examined Bikram Gope, informant (since deceased) and also recorded dying declaration. P.W.-2, Pradeep Kumar Acharya is witness to seizure of articles near the place of occurrence. P.W.-3, Khudiram Gope and P.W.-5, Tupa Gope are the real brothers of informant Bikram Gope (since deceased) s/o deceased Govind Gope. P.W.- 4, Amulya Gope is the maternal uncle (mama) of informant Bikram Gope (since deceased). P.W.-6, Dr. Radhika Kumari Sinha who has conducted autopsy of deceased Govind Gope. P.W.-7, Balram Prasad Saw and P.W.-9, Nilkamal Gope are witnesses to inquest report. P.W-8, Aswani Kumar Pati has been tendered by prosecution. P.W.-10, Dr. Yogendra Nath has conducted post mortem examination of informant Bikram Gope and P.W.-11, Raj Narayan Singh is the I.O. of the present case.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2B0CHco3SgG9uBlFsKF7sofKOqB9iWD2XA41SsoetwV%2F%2BKjzr93SgtOV1DIYozH2I&caseno=Cr.A(DB)/312/1998&cCode=1&cino=JHHC010005691998&state_code=7&appFlag=)

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