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-Vill-

Badabaljori (Jamsai), P.S. Guwa (Badajamda Outpost), Dist. West Singhbhum ... ... Appellant Versus The State of Jharkhand … … Respondent -----

P R E S E N T HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA --------

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

C.A.V. on 06.01.2026 Pronounced on 28/01/2026 Per- Pradeep Kumar Srivastava, J:

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

2. 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.

Factual Matrix:-

3. 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 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. 4. 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.

5. 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.

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

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

Submissions on behalf of appellant: -

8. 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 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