PITLA YADAGIRI Vs. STATE OF ANDBRA PRADESH

JUDGEMENT

(1.) THIS appeal is filed by A -1 in Sessions Case No. 10 of 1989 on the file of the Sessions Judge, Nalgonda. Orginally three persons were prosecuted in the said Sessions" Case. A -1 was charged under sections 302 and 201 of the Indian Penal Code and section 25(1)(a) of the Indian Arms Act. A -2 and A -3 were charged under sections 29(b) and 30 of the Indian Arms Act. The learned Sessions Judge found A -1 guilty under section 302 of the Indian Penal Code and sentenced him to suffers Imprisonment for life. The learned Sessions Judge also found A -1 guilty under section 201 of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment for three years. He further found A -1 guilty under section 25(1)(a) of the Indian Arms Act and sentenced him to suffer Rigorous Imprisonment for one year. He directed all the sentences to run concurrently. A -2 and A -3 were found guilty under Section 29(b) of the Indian Arms Act, were however, sentenced to pay a fine of Rs. 500/ - each, in default to suffer simple imprisonment for two months. The learned Sessions Judge opined that no separate conviction is necessary against A -2 and A -3 under Section 30 of the If Indian Arms Act.

(2.) THE case of the prosecution in brief, is as follows: A -1 and the deceased Medaboyina Roshaiah arc the residents of Etoor village. They are friends and used to go for hunting of wild bear. A -2 and A -3 arc the licensees of S.B.B.L. guns. About one month prior to the occurrence, A -1 and the deceased obtained guns of A -2and A -3 and went for hunting. On the night of 20. 7 .1987 while A -1 and the deceased were in search of a wild bear, A -1 fired with S.B.B.L. gun which hit the deceased on his back between the shoulder blades, as a: result of which the deceased fell down and died. A -1 with a view to throw doubt that the deceased is the victim of some wild animal separated the head of the deceased with a knife and threw the head in a nearby bush, in order to cause disappearance of evidence against him. Later A -1 returned to the village and on the morning of 21.7.1987 he asked Medaboina Bixamaiah, P.W. 2, son of the deceased to follow him to the cattle shed of the deceased. On the way P.W. 2 found the dead body of the deceased without head. P.W. 2 went to the village and informed the incident to the Sarpanch of the village (P.W. 1) and other persons and by the time they all arrived at the spot, A -1 managed to escape from the scene of offence. On a receipt of Ext. P. l report given by P.W. 1, the Sub -Inspector of Police Mohd. Taherullah, P.W. 14 registered the case in Crime No. 47 of 1987 and after completion of post -mortem examination and after completion of investigation, he filed the charge sheet.

(3.) AFTER the deceased died of gun shot wound and fell down, the accused inorder to escape himself from punishment cut off his head, in order to make it appear that some wild animal had killed him. So A -1 is also guilty under section 201 of the Indian Penal Code. He is also guilty under section 25(1)(a) of the Indian Arms Act for unlawful possession of the two guns.