along with two stones. The stones were identified by Rajesab
Nadaf (PW-11) and Shankarappa Tadasi (PW-12) and marked
MO.1 and MO.2 while the gunny bag was marked MO.3 and the
frock worn by R was marked as MO.4. The version asserted by
Rajesab Nadaf (PW-11) and Shankarappa Tadasi (PW-12) is
affirmed by the panch witnesses. It is also avowed by
Shrinivasreddi Ramanagouda Hosamani (PW-15) that the police
had asked two persons to enter the water, who found a sack near
the pipe connected to his pump set. The sack was opened to find
the dead body of R along with two stones. The prosecution has
laid reliance on these depositions to evidence that the dead body
of R was recovered from the stream based on the disclosure
statement made by the appellant.
8.
Having noted the witness statements and evidence relied upon by
the prosecution to prove the circumstances of commission of the
offences, we would examine the implication of the discrepancies
in the statements of witnesses and the prosecution case, which
the counsel for the appellant submits, establish that the
prosecution has failed to prove the case against the appellant
beyond reasonable doubt.
9.
The first discrepancy alleged is predicated on the testimony of
Hanamappa (PW-4) and Yallava Mangalore (PW-23) vis-à-vis the
Criminal Appeal Nos. 1473-1474 of 2017
Page 7 of 30
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