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2021 Supreme(SC) 1

N. V. RAMANA, SURYA KANT, ANIRUDDHA BOSE
Mihir Gope – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Kaushik Laik, AOR
For the Respondent(s): Mr. Arunabh Choudhary, AAG Ms. Pragya Baghel, Adv. Mr. Saurabh Jain, Adv. Mr. Anando Mukherjee, AOR

JUDGMENT :

ANIRUDDHA BOSE, J.

1. Leave granted.

2. Anil Mahto and Jatu Mahto had died from injuries received in consequence of assaults on them on 20th August, 2005 over a land related dispute. Certain other members of the appellant’s family were also injured on account of assault as a result of the same dispute. The appellants are two sons of one Manohar Gope, with whom the dispute had arisen. The cause of the dispute with the members of the deceased victims’ family is specifically related to the construction of a hut. The prosecution’s case is that certain members of the Gope family were the assailants. The appellants before us are Mihir Gope (in Petition for Special Leave to Appeal (Crl.) No. 8973 of 2019) and Prabhat Gope (in Petition for Special Leave to Appeal (Crl.) No. 8974 of 2019). They have been held guilty by the Trial Court (Additional Sessions Judge, Fast Track Court-IV, Bokaro) for committing offences under Sections 341, 307, 325 and 302 read with Section 34 of the Indian Penal Code, 1860 (the Code). The Trial Court sentenced the two appellants to undergo rigorous imprisonment for life for committing offence under Section 302 of the Code, simple imprisonment for a month


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