M.GAJENDRA REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) ONE Sri Muneppa of Bellakogila Village, Santhipuram Mandal, Chittoor District, had two wives. Through his first wife, he had three sons, including Muni Venkatappa PW.1, and through second wife, he had a son, by name, Venkatesu and a daughter Papamma. The children through the two wives are said to be living separately. Venkatesu was married to Prameela A.2, in 1993, and they had two children. The spouses were said to be attending the agricultural work of one Muni Reddy, father of Gajendra Reddy - A.1, resident of Mardagatta Village of Karnataka State.

(2.) PW .1 submitted a complaint Ex.P.1, on 25.09.2005, before the Station House Officer, Rallabuduguru, stating, inter alia, that about 15 days prior to that date, A.2 informed wife of PW.1, i.e. PW.4, that both of them, i.e. Venkatesu and A.2, went to the house of Muni Reddy, and had dinner at that place, but A.1 asked A.2 to go home by stating that Venkatesu would remain there and would come afterwards. A.2 is said to have come to her house, but her husband did not turn up. On receiving this information, PW.1, A.2 and other relatives are said to have gone in search for Venkatesu in the houses of their relations and in the surrounding places and did not find him.

(3.) NARRATING all these facts, PW.1 requested the Station House Officer, P.S., Rallabuduguru, to take necessary action. On the basis of Ex.P.1, the Station House Officer registered Crime No.54 of 2005 and apprehended A.1 and A.2. The police party under the guidance of A.1 and A.2 are said to have proceeded to the place where the dead body was buried and that after exhuming the body, it was subjected to inquest and post -mortem. Thereafter, a detailed charge sheet was filed alleging that A.1 and A.2 conspired to kill the deceased and have hidden the dead body, to remove the evidence for their crime. The case was committed to the Court of I Additional Sessions Judge, Chittoor, and it was taken up as S.C.No.42 of 2006. The charges were framed and on both the accused pleading not guilty, trial was conducted wherein PWs.1 and 12 were examined and Exs.P.1 to P.11 were marked and M.Os.1 to 13 were also taken on record. The relevant portions of the statements recorded under Section 161 Cr.P.C. of PW.1, were marked as Exs.D.1 and D.2.