(PW-10), Rajesab Nadaf (PW-11), Shankarappa Tadasi (PW-12),
Shrinivasreddi
Ramanagouda
Hosamani
(PW-15)
and
B.
Vijaykumar (PW-24). There is no room left for doubt that recovery
of the dead body of R was based on the appellant’s statement.
The dead body was concealed in a gunny bag with two stones
and immersed in the stream which had about midriff-high water.
The fact that Gadigeppa Talawar (PW-9) and Hanamappa
Talawar (PW-10) had deposed on almost identical lines does not,
in any way, reflect a discrepancy, but rather a possible lapse on
the part of the court recording their evidence. In Shanti Devi v.
State of Rajasthan,1 this Court had considered the factum of
recovery of the body of the deceased at the instance of the
accused as a strong circumstance for conviction of the accused.
Similarly, in Ranjit Kumar Haldar v. State of Sikkim,2 recovery of
dead body based on the disclosure statement of the accused was
considered a very strong incriminating circumstance against her to
maintain her conviction.
17.
This brings us to the medical evidence and the question whether it
supports the prosecution version that R was raped and murdered
on 28th December 2010. Dr. Girish Maraddi (PW-20) had
conducted the post mortem examination of R on 1st January 2011
1
(2012) 12 SCC 158, at para 17.
2
(2019) 7 SCC 684
Criminal Appeal Nos. 1473-1474 of 2017
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