DODLA MAHILPAL GOUD Vs. STATE OF A.P.

JUDGEMENT

(1.) Mr. Dodla Mahipal Goud, the appellant has challenged the legality of the judgment dated 23.08.2012, passed by the Principal Sessions Judge, Medak at Sangareddy, whereby he has been convicted of offence under Section 302 IPC, and sentenced to life imprisonment, imposed with a fine of Rs.10,000/-, and further directed to suffer simple imprisonment for six months in default thereof.

(2.) Briefly the facts of the case are that on 02.10.2011, at 08:00 A. M., D. Anasuya (P. W. 1) submitted a report, (Ex. P.1), to the Inspector of Police, Police Station, BDL Bhanoor, Medak District. In the report, she claimed that "she is having two sons and two daughters, elder son was Mallesh Goud doing labour work and younger son Sathesh Goud who is mentally unsound. Her husband Samaiah Goud also mentally unsound, and moving on roads. Her husband Samaiah Goud is having two younger brothers, namely Mahipal Goud and Vittal Goud. Her father-in-law, Balraj Goud was having four acres of agricultural land, and he shared the said land with his three sons; they are cultivating the same. But the land is one the name of Balraj Goud. The land prices are hike due to real boom, due to which her brother-in-law Mahipal Goud with a mala fide intention forcibly took the passbooks of above land from her father-in-law and kept with him. About five years back, her younger brother-in-law, Vittal Goud died under suspicious circumstances. Her elder son, Mallesh Goud, who wants to register their share of land on their name and he asked Mahipal Goud to give the passbooks. But he did not give the same and threatened the said Mallesh Goud as he will see his end if he again asked the passbooks. In this regard, the village elders also intervened and asked to give the passbooks, but he refused to do so. On 01.10.2011 at about 23:00 hours her son, Mallesh Goud went to the house of Mahipal Goud to bring the passbooks, but he did not return back. Due to which, she and her husband Samaiah Goud went to the house of Mahipal Goud and found that their son Mallesh Goud on the ground in the boundary of Mahipal Goud house. When they asked, said Mahipal Goud and his wife, Laxmi, says that, they did not know whether their son Mallesh Goud is alive or dead and they caught the legs of Mallesh Goud and dragged him at a distance from their house. When she and her husband Samaiah Goud started hues and cries, the village elders namely Narsimulu, Narayana, Tenugu Laxmi Narayana, Julakanti Samaiah, and some other village elders gathered and on observation, her son Mallesh Goud was found dead and injuries found on neck. Further she added that, her brother-in-law, Mahipal Goud, co-sister Laxmi murdered her son Mallesh Goud by pressing his neck with an intention to grab their share of land. Finally, she requested to take necessary action against her brother-in-law Mahipal Goud, co-sister Laxmi."

(3.) On the basis of the said report, (Ex. P. 1), the police chalked out a formal FIR (Ex. P. 8), namely FIR No.106/2011, for offence under Section 302 IPC. During the course of the investigation, the appellant was arrested; he was put up for trial.