SUNKARA PAWAN KUMAR Vs. STATE OF A.P.

JUDGEMENT

(1.) Accused No.1 in SC. ST. Sessions Case No.24 of 2017 on the file of the Court of Special Judge for Trial of Cases under SCs & STs (POA) Act, 1989- cum- VIII Additional District and Sessions Judge, West Godavari, Eluru, is the appellant. The appellant, along with other accused, was tried by the learned Additional Sessions Judge, West Godavari, Eluru, under the following charges:

(2.) Substance of the charges is that on 16/7/2016 at about 10:00 P.M., A1 to A6 kidnapped Potta Singa Raju @ Raju (hereinafter referred to as the deceased), a member of ST caste, from exhibition grounds near Ambika wines, J.P. Centre, Jangareddigudem. They wrongfully confined the deceased and took him from there in the auto belonging to A5, to compartment No.136 of Marlagudem Forest. A1 to A6 beat the deceased on his head and face indiscriminately with a wet branch, which caused death of the deceased. Thereafter, A1 decapitated the head of the deceased from the trunk, and A2 severed the legs at the knees. The accused buried the trunk in the pit dug by A3, A4 and A6 and kept the decapitated head in a carry bag and threw it into Chakali Cheruvu to screen away the evidence, thereby committed offences punishable under Ss. 364, 342, 324, 302, 201 I.P.C. and Sec. 3(2) (v) (va) of SCs and STs (POA) Amendment Act, 2015.

(3.) After completion of trial, the learned Additional Sessions Judge convicted appellant/A1 under Sec. 364 I.P.C. and sentenced him to suffer rigorous imprisonment for seven years and also to pay a fine of Rs.500.00, in default to suffer simple imprisonment for six months. Learned Additional Sessions Judge further convicted the appellant/A1 under Sec. 342 I.P.C. and sentenced him to suffer rigorous imprisonment for one year. Learned Additional Sessions Judge also convicted the appellant/A1 under Sec. 302 I.P.C. and sentenced him to suffer imprisonment for 'LIFE' and also to pay a fine of Rs.500.00, in default to suffer simple imprisonment for six months. Learned Additional Sessions Judge further convicted the appellant/A1 under Sec. 201 I.P.C. and sentenced him to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.500.00, in default, to suffer simple imprisonment for six months. All the substantive sentences were directed to run concurrently.