The specific and repeated assault with a tangi on the deceased, supported by consistent eyewitness testimony and medical evidence, established the guilt of the appellant under Section 302 of the Indian Penal Code.

H.C. MISHRA, J.

1. Heard learned counsel for the appellant and learned counsel for the State.

2. The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 5th of August, 2008, passed by the learned Sessions Judge, Lohardaga, in Sessions Trial No. 56 of 2006, whereby, out of three accused persons, facing the trial, the appellant Mahendra Gope, has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. The other two co-accused have been found guilty only for the offence under Sections 324 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant Mahendra Gope has been sentenced to undergo imprisonment for life and fine of Rs. 500/- for the said offence. It may be stated that no appeal is preferred by the State against the acquittal of the other co-accused persons, under Section 302 of the Indian Penal Code.

3. The prosecution case was instituted on the basis of the fardbeyan of the informant Raghu Gope, the brother of the deceased Sanjay Gope, recorded at Village-Thekatali, P.S. and District Lohardaga, on 9.11.2005 at 10.15 hours, wherein the informant has stated that on 8.11.2005, his brother had gone to Bhandra Bazar and had returned back in the evening. In the night at about 8.00 P.M., he heard the noise from the house of his brother, whereupon, he came out of his house and saw that the ladies were quarreling and they were abusing his brother. In the meantime, Sanjeet Gope, Jodhan Gope, Birendra Gope @ Godam Gope and Mahabir Gope came, armed with lathi and they assaulted the deceased by lathi. Mahendra Gope came armed with tangi and he assaulted the deceased by tangi on his head, due to which, there were 2-3 cut injuries on the head of his brother and his brother fell down. Upon the alarm raised, the neighbouring persons assembled, but the accused persons fled away. Thereafter the informant with the help of Ganesh Gope and Rambir Gope, brought his brother to Sadar Hospital, Lohardaga, for treatment, where the first aid was given to him and he was referred to Ranchi. When they reached at Ranchi Hospital, he saw that his brother had died. Thereafter, the dead body was brought back to the village, and in the morning the police was informed. The informant has stated that he had no knowledge as to why the occurrence had taken place. Claiming that the aforesaid accused persons had assaulted his brother by lathi and tangi, causing his death, the fardbeyan was given by him to the police, on the basis of which, Lohardaga P.S. Case No. 228 of 2005, corresponding to G.R. No. 532 of 2005, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against the named accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.

4. Upon commitment of the case to the Court of Session, three accused persons, namely, Mahabir Gope, Jodhan Gope and the appellant Mahendra Gope were put to trial and charge was framed against them, for the offence under Sections 302 / 34 of the Indian Penal Code, and upon the accused pleading not guilty and claiming to be tried, they were put to trial. In course of trial, prosecution has examined nine witnesses in this case, including the I.O. and the Doctor, who had conducted the post-mortem examination on the dead body of the deceased.

5. P.W.-6 Raghu Gope is the informant and the brother of the deceased. This witness has stated that the occurrence had taken place about one year two months ago, in the month of Kartik at about 8.00 P.M., in the night. He was in his house, there was some noise from the house of his brother Sanjay Gope, whereupon he went there and saw that his brother Sanjay Gope was being repeatedly assaulted by Sanjeet Gope, Jodhan Gope, Binod Gope, Mahabir Gope by lathi and Mahendra Gope (the appellant) by tangi. The assaults by tangi were made on the head and the assaults by lathi were made on the back of the deceased. His