EDULAPALLY MALLAIAH @ MALLESHAM Vs. STATE OF A.P.

JUDGEMENT

(1.) ONE Sri Edulapalli Yadagiri, of Shepherd community, resident of Nawabpet area of Medak Town, had three sons, namely, Edulapalli Mallaiah, Edulapalli Beeraiah and Edulapalli Venkat Ramulu. All the three sons had established their own independent families. It appears that in the context of division of joint family properties, acute differences existed among them. There were attacks and counter -attacks up to the level of attempt to murder against each other by 2006. It so happened that the two elder sons were on one side and the youngest was on the other.

(2.) MALLAIAH and Beeraiah, the two elder brothers are said to have come to the Medak Town police station on 02.06.2006 at about 10.00 a.m., and stated that they have committed murder of their own brother Venkat Ramulu (D1) on 31.05.2006 at about 8.00 p.m., and have thrown the dead body on the bicycle of their brother, in a nearby irrigation canal. They are also said to have informed the police on 01.06.2006, that they killed Yashoda, the wife of Venkat Ramulu (D2) and Madhu, son of Venkat Ramulu (D3) at about 4.00 p.m., and have kept the dead bodies at a place known as Giddakatta area.

(3.) SMT A. Gayatri Reddy, learned counsel for the accused submits that the very submission of complaint, Ex.P1 turned out to be a fictitious event with PW.1, the author thereof, being declared as hostile. She contends that almost every witness including the alleged adoptive mother and brother of D2, did not support the case of the prosecution. Learned counsel submits that there is not even a single circumstance that can be used as a link between the accused and crime, and still the trial Court convicted the accused. Learned counsel submits that while the dead bodies are said to have been recovered on the strength of a confession, said to have made on 02.06.2006, the material objects were recovered only on 16.06.2006, and this only shows the hollowness of the confession, said to have been recorded from the accused.