Sunny Gope vs The State Of Jharkhand
2025 Latest Caselaw 3214 Jhar

Jharkhand High Court

Sunny Gope vs The State Of Jharkhand on 11 March, 2025

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay

                   Criminal Appeal (DB) No. 1200 of 2023
         (Against the judgment and order of conviction and sentence
         dated 30.07.2019 (sentence passed on 31.07.2019) passed by
         Sri Shyam Nandan Tiwari, learned Additional Sessions Judge-
         III, West Singhbhum at Chaibasa in S.T. No. 55/2014.)

         Sunny Gope, S/o Purno Gope, R/o Vill- Sikursai, P.O. &
         P.S.- Muffasil (Chaibasa), Dist.- Singhbhum West.
                                                ...        Appellant
                                     Versus

         The State of Jharkhand                    ...       Respondent
                                   ----
                                PRESENT
            HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
                  HON'BLE MR. JUSTICE ARUN KUMAR RAI
                                  ----
         For the Appellants : Mrs. Rashmi Kumar, Adv.
         For the Respondent : Mr. Anup Pawan Topno, A.P.P.
                                   ----
                          Dated: 11/03/2025
Per Rongon Mukhopadhyay, J. :

1. Heard Mrs. Rashmi Kumar, learned counsel for the appellant and Mr. Anup Pawan Topno, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 30.07.2019 (sentence passed on 31.07.2019) passed by Sri Shyam Nandan Tiwari, learned Additional Sessions Judge-III, West Singhbhum at Chaibasa in S.T. No. 55/2014, whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to imprisonment for life along with a fine of Rs. 10,000/- and in default in payment of fine, to undergo simple imprisonment for one year.

3. The prosecution case arises out of the fardbeyan of Jaishri Mukhi recorded on 20.07.2013 in which it has been stated that on the same day at 9:00PM, the brother of the informant, namely, Bagun Mukhi went to his room after having dinner and while the informant was having her dinner in her room, she heard a cry of alarm from her brother that Sunny Gope (appellant) has stabbed him with an arrow. When the informant rushed to the room of her brother, she found Sunny Gope fleeing away. The brother of the informant was breathing slowly and blood was oozing out from the injuries on his neck. On the alarm raised by the informant, several persons had assembled and as they were making preparation to take Bagun Mukhi to the hospital, he died.

Based on the aforesaid allegations, Mufassil (Chaibasa) P.S. Case No. 72/2013 was instituted against Sunny Gope under Section 302 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 55/2014. Charge was framed under Section 302 IPC against the accused to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as nine witnesses in support of its case:

P.W.1 Shiv Charan Pareya has stated that on 20.07.2013, at around 9:30-10:00PM, he was having dinner in his house when Jaishri Mukhi came to his house in a distressed state and disclosed that Sunny Gope had assaulted her brother Bagun Mukhi and wanted him to rush to her house. He had informed the Police and thereafter left for the house of Jaishri Mukhi. There was an injury on the neck of Bagun Mukhi and a blood-stained arrow was lying beside him The Police had prepared the inquest report and also a seizure list of blood- stained earth and blood-stained arrow. He has proved his signature in the fardbeyan which has been marked as Exhibit-1.

In cross-examination, he has deposed that Sunny Gope has a cordial relationship with everyone in the village. He does not know as to whether the Police had recorded the statements of the witnesses in the vicinity of the place of occurrence or not.

P.W.2 Nilmani Pareya has stated that she had come to know that Bagun Mukhi was murdered by Sunny Gope.

P.W.3 Deven Pareya @ Devo Pareya has proved his signature in the seizure list of a blood-stained arrow which has been marked as Exhibit-3. He had heard that Sunny Gope had committed the murder of Bagun Mukhi.

P.W.4 Jaishri Mukhi is the informant, who has stated that she

2|Page was in the room situated besides the room where the incident had occurred. She had heard Bagun Mukhi shouting, at which she rushed to his room and found Sunny Gope fleeing away. Bagun Mukhi had disclosed to her that Sunny Gope had fired an arrow at him. She had seen the injuries in the neck and abdomen of Bagun Mukhi. An arrow was lying beside Bagun Mukhi. She has stated that Bagun Mukhi was not taken to the hospital. He died after 3-4 hours. The Police had come and recorded her fardbeyan in which she had put her thumb impression.

In cross-examination, she has deposed that she had not seen the occurrence.

P.W.5 Sankari Mukhi has stated that she was in her house when she heard Jaishri Mukhi wailing and shouting, at which she went to the house of Jaishri Mukhi, who disclosed that Sunny Gope had assaulted her brother on his neck and he is lying in the veranda. When she went to the veranda, she found blood oozing out from his neck, and while making preparation to take him to the hospital, Bagun Mukhi died.

In cross-examination, she has deposed that she had not seen the incident. Her statement was not recorded by the Police.

P.W.6 Santoshi Kumari Mukhi has stated that Jaishri Mukhi had called her up and disclosed that Sunny Gope has committed the murder of Bagun Mukhi. At this information, she had gone to the house of Jaishri Mukhi and saw injuries on the neck and abdomen of Bagun Mukhi inflicted with a Bhujali.

In cross-examination, she has deposed that at the time of the incident, she was in Chaliama. The Police had not recorded her statement.

P.W.7 Dr. Birendra Kumar Singh was posed as a Medical Officer at Sadar Hospital, Chaibasa and on 21.07.2013, he had conducted autopsy on the dead body of Bagun Mukhi and had found the following:

(i) Incised wound on right side of neck measuring 1" x 1½" x 1½".

(ii) Incised wound on left side of neck.

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(iii) Incised wound on left side of abdomen deep up to peritoneum.

(iv) Blood mixed froth present in mouth.

(v) O/D- Head and neck: Skull and brain matter appears to be normal. In neck great vessel and oesophagus damage.

Corrresponding to injury No. (i) & (ii)., Thorax- No abnormality detected, In the abdomen peritoneum incised corresponding to injury no. (iii), rest of abdominal viscera normal.

The cause of death was opined to be hemorrhage from above mentioned injuries caused by sharp cutting object. The post mortem report has been proved and marked as Exhibit-4.

P.W.8 Mishir Oraon has stated that he was posted as a Sub Inspector of Police in Muffasil P.S. and on 20.07.2013, he had recorded the fardbeyan of Jaishri Mukhi. He had taken over the investigation. He has proved the fardbeyan which has been marked as Exhibit-2/1. He has proved the formal FIR and the inquest report which have been marked as Exhibit-4 and 5 respectively. After taking over investigation, he had reached the place of occurrence and had seized a blood-stained arrow and blood-stained soil near the dead body. He has proved the seizure list which has been marked as Exhibit-3/1. He had recorded the restatement of the informant and had also inspected the place of occurrence which is at village Sikursai in the northern facing room of Bagun Mukhi. He had also recorded the statement of several witnesses and after arresting Sunny Gope, his confessional statement was recorded which has been proved and marked as Exhibit-7.

In cross-examination, he has deposed that the blood-stained soil and blood-stained arrow were sealed and he had received permission to send these articles to the Forensic Science Laboratory.

P.W.9 Mohan Baitha was posted as an Assistant Sub-Inspector of Police in Mufassil P.S. Chaibasa and on 11.08.2013, he had taken over the investigation from the Officer-in-Charge Shyam Bihari Majhi. He had, on the direction of the superior authority, submitted charge sheet.

4|Page In cross-examination, he has deposed that he had only submitted the charge sheet.

5. The statement of the accused was recorded under Section 313 Cr.P.C. in which he has denied his complicity in the murder of Bagun Mukhi.

6. Mrs. Rashmi Kumar, learned counsel for the appellant has submitted that there are no eyewitnesses to the occurrence and the appellant has been convicted primarily on account of the evidence of P.W.4. The manner of assault, as alleged by the informant, also appears to have been demolished on account of the findings recorded in the post-mortem report.

7. Mr. Anup Pawan Topno, learned A.P.P. has submitted that the appellant was seen fleeing away from the place of occurrence by P.W.4 and the defence has failed to demolish such assertion. It has been submitted that P.W.1, P.W.5 and P.W.6 have all stated about P.W.4 (informant) informing them about the incident and the name of the assailant which further intensifies the testimony of P.W.4.

8. We have heard learned for the respective sides and have also perused the trial court records.

9. The role of the appellant, as depicted by the informant in her fardbeyan and supported in her evidence as P.W.4, seems to reveal that she had seen the appellant while fleeing away from the place of occurrence and the deceased Bagun Mukhi was found having two injuries on his neck, inflicted with an arrow. The wounds caused by arrow seems to be a common refrain in the evidence of P.W.1 and P.W.5 as this was the story narrated by the informant to them. However, when we peruse the post-mortem report, what transpires is the absence of any piercing wound and the wounds which were detected were incised in nature caused by sharp cutting object. P.W.6 in her evidence has stated that when she saw the dead body of Bagun Mukhi, the injuries found on his person seem to have been inflicted with a 'Bhujali'. The manner of assault, as per the evidence of P.W.4, seems to have been negated in the findings of the post-mortem report.

10. Admittedly, there are no eyewitnesses to the occurrence. The

5|Page appellant was seen fleeing away from the place of occurrence. Though the Police had recorded the purported confession of the appellant, but there has been no recovery of any incriminating material from the possession of the appellant. As per P.W.1, there was a cordial relationship between the appellant and the villagers. In fact, no motive has come forward which could have been a circumstance pitted against the appellant. The solitary eyewitness account that too only related to the purported fleeing away of the appellant from the place of occurrence and absence of any corroboration in any manner or in any form would be too flimsy a ground to convict the appellant. The learned trial court has not made an in-depth analysis of the evidence of the material witnesses while convicting the appellant.

11. We, therefore, on the basis of what has been discussed above, set aside the judgment and order of conviction and sentence dated 30.07.2019 (sentence passed on 31.07.2019) passed by Sri Shyam Nandan Tiwari, learned Additional Sessions Judge-III, West Singhbhum at Chaibasa, in S.T. No. 55/2014.

12. This appeal is allowed.

13. Since the appellant is in custody, he is directed to be released immediately and forthwith, if not wanted in any other case.

14. Pending I.A.s, if any, stands closed.

(RONGON MUKHOPADHYAY, J.)

(ARUN KUMAR RAI, J.)

Jharkhand High Court, Ranchi Dated the 11th Day of March, 2025 Preet/N.A.F.R.

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