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2021 Supreme(SC) 667

IRAPPA SIDDAPPA MURGANNAVAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared:
For the Appellant(s) :Gaurav Agrawal, Advocates
For the Respondent(s):Nikhil Goel, AAG, Karnataka V.N. Raghupathy, Vinay Mathew, Advocates

JUDGMENT :

SANJIV KHANNA, J.

The judgment under challenge, passed by the High Court of Karnataka at Dharwad on 6th March 2017, affirms the conviction of the appellant – Irappa Siddappa Murgannavar – under Sections 302, 376, 364, 366A, and 201 of the Indian Penal Code, 1860 (for short, ‘the Code’); and confirms the sentence of death for the offence under Section 302, rigorous imprisonment for life for the offence under Section 376, rigorous imprisonment for six years and a fine of Rs.10,000/- with default stipulation for the offences under Sections 364 and 366A each, and rigorous imprisonment for two years and a fine of Rs.2,000/- with default stipulation for the offence under Section 201 of the Code. The sentences under Sections 376, 364, 366A, and 201 of the Code are directed to run consecutively.

2. The case of the prosecution is that the appellant subjected the deceased R to rape, killed her by strangulation, and then disposed of her body, tied in a gunny bag, into the stream named Bennihalla. As there are no eye witnesses to the commission of the offences, in order to prove these postulations, the prosecution has relied on three-fold circumstances: (i) that the appellant took away

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