Cr. Appeal No. 114 of 1999. Case: Madhusudan alias Masudan Gope and Ors. Vs State of Bihar. Jharkhand High CEGAT & CESTAT High Court

Case NumberCr. Appeal No. 114 of 1999
CounselFor Appellants: A.K. Sahani, Adv. and For Respondents: Shekhar Sinha, Addl. Public Prosecutor.
JudgesN. Dhinkar, C.J. and R. R. Prasad, J.
IssueIndian Penal Code (45 of 1860) - Sections 300, 304, 34
Citation2006 CriLJ 4190
Judgement DateMay 10, 2006
CourtJharkhand High CEGAT & CESTAT High Court


  1. The appellant 1 to 6 were arrayed as A1, A3, A2, A4, A5 and A6, in the order, before the Sessions Judge, Gumla and in this judgment the appellant will be referred as A1 to A6 in the order they were arrayed before the trial Court, for the sake of convenience. They were charged under Section 302/34 I.P.C. on the allegation that at 2.30 p.m. on 30-3-1997 in furtherance of common intention of each other. A3, Dinesh Gope caused injury on Etwa Oraon, the deceased in this case, with Bhujali and the other accused beat him fisted him, leading to his death. The trial judge finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life. The present appeal is against the said conviction and sentence.

  2. P.W. 1, Somo Oraion, is the wife of the deceased, Etwa Oraon, P.W. 3, Chainu Oraon and P.W.4, Jagdeo Oraon are the sons of the deceased. P.W. 2, Tetri Oraion is the wife of P.W.3, Chainu Oraon and hence the daughter-in law of P.W.1 and the deceased. They were residing in the village-Murgu Kyotoli. The villagers were suspecting that the deceased was practising witchcraft. They questioned him but the deceased denied the said allegation. At 2.30 p.m. on the fateful day, namely on 30-3-1997 the deceased was asked to appear before a Panchaiti. The deceased Etwa Oraon, accused Nos. 1 to 6 and other villagers were present at the Panchaiti. When questioned by the villagers, the deceased denied that he is practising witchcraft. An altercation took place between the parties and at that time Dinesh Gope (A3) assaulted the deceased with Bhujali on the head and other parts. A1, A3, A5 and A6 beat and fisted him. The occurrence was witnessed by P.W. 1 to P.W. 4. A fardbeyan (Ext.4) was given at 9.00 p.m. on the same day by P.W. 1 to P.W. 10. A crime was registered and investigation was taken up and later after the death of Etwa Oraon the crime was altered to one under Section 302 I.P.C. P.W. 10, conducted inquest over the dead body and requested the medical officer to conduct autospy.

  3. On receipt of the requisition P.W. 8, Dr. Ajit Kumar Choudhary, attached to R.M.C.H. Ranchi, conducted autospy and found the following injuries.


    1) 8 x ½ c.m over front of chest lower part;

    2) 10 x ½ cm. over right flank of chest,

    3) 2 x 2 cm over top of right shoulder,

    4) 3 x 1 cm over left scapular region.

    5) 4 x ½ cm on the forehead.

    Incised (Stitched) wound:-

    1) 5 x ½ cm x soft tissue over lower part of neck left side,

    2) 4 x...

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