HURA MANGHA Vs. STATE OF A P

JUDGEMENT

(1.) This appeal has been filed against the judgement dated 18.04.2019 passed by the Sessions Court in Sessions case No.218/2013(YPA), by which the appellant has been convicted under Section 326 and 201 IPC. The appellant has been sentenced to undergo rigorous imprisonment for 10 (ten) years with a fine of Rs. 20,000/-, in default simple imprisonment for 6 (six) months under Section 326 IPC and to undergo imprisonment for 3 (three) years with a fine of Rs. 5,000/-, in default simple imprisonment for 2 (two) months under Section 201 IPC.

(2.) The prosecution case in brief is that one Shri Tana Tayo lodged an F.I.R. on 31.03.2013 at 1550 hours, which was to the effect that on 31.03.2013 at about 1;00 pm, his son Tana Martin's right hand was chopped off by one unidentified person, who was riding a red coloured Pulsar bike bearing registration No. AR-01-D-9325. On the basis of the F.I.R., Doimukh P.S. Case No. 14/2013 under Section 326/307 IPC was registered. Prior to the submission of the written F.I.R., a telephonic information was also received by the Doimukh Police Station that on 31.03.2013, one unknown person in a red Pulsar bike fled away after chopping off the hand of a boy. Investigation was initiated and search was conducted and the said red Pulsar bike was recovered from the road side of the RGU Catholic Church on 31.03.2013.

(3.) Investigation revealed that the red Pulsar bike belonged to one Shri Hura Nyakum, who was the cousin of the appellant and that the bike had been used by the appellant. The investigation further revealed that the attack on the victim Tana Martin had been carried out by the appellant as a revenge act, due to Tana Martin and a group of friends having beaten the appellant in the previous year. The appellant thereafter, confessed to his crime before the Chief Judicial Magistrate 2nd Class on 25.07.2013 and the Investigating Officer having found sufficient evidence against the appellant, filed the Charge-sheet under Section 307/326 IPC on 09.08.2013. Charge under Section 326/307 IPC was framed against the appellant on 13.05.2014, wherein, the appellant pleaded not guilty and claimed to be tried. After the evidence of 9(nine) prosecution witnesses were adduced, along with one defence witness, the statement of the appellant was recorded under Section 313 Cr.P.C.. The learned Trial Court, thereafter, convicted the appellant under Section 326/201 IPC and sentenced him as stated earlier.