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investigation in that case also and during the course of investigation he summoned A1, A3 and A11 from Bengaluru to Ongole Town PS and interrogated them and they confessed their guilt before the mediators - PW36 and LW2. Further, on 10.11.2008 the A1, A3 and A11 took the police and mediators to Manneru River and showed the place where they buried the dead bodies of the driver and cleaner after killing them. PW56 got drafted mediatornama and sent requisition to PW6 -

the Tahsildar to conduct exhumation. Accordingly, on 10.11.2008, PW6 along with LW61 (died), LW 64 (died) went to Manneru river and there PW6 examined A1, A3 and A11 and recorded their statements and on the strength of their statements, disinterred the dead bodies from a ditch. Thereafter PW6 conducted inquest on the dead body of D1 in the presence of PW4, LW 39 - Pemala Ravi and LW.41- Ponduru Maruthi Rao and prepared Ex.P.8 - inquest report and thereafter forwarded the dead bodies for post-mortem to LW.64 - post-mortem doctor. LW.61 - the then Dy. Tahsildar, S.Konda held inquest over D2 in the presence of PW.17, PW.4 and LW.39 - Vemala Ravi and LW.41 - Ponduru Maruthi Rao and forwarded the dead body to L.W64 for post-mortem after preparing Ex.P11 - inquest proceedings. LW.64 held post mortem examination over the dead bodies of D1 and D2 and issued Ex.P101 and 102 - Post-mortem reports wherein he observed that cause of death was due to asphyxiation and spinal cord injury due to fracture of Atlas and Axis vertebrae.

(b) Regarding the fate of the lorry and the deceased driver and cleaner, the trial Court basing on the confessional statements of A1, A3 and A11 made in connection with S.C.No.595/2010 and other crimes, including the present crime and consequential exhumation of dead bodies of D1 and D2 in this case through P.W.6 - MRO and LW.61 - N Subramanyam, Dy. Tahsildar and other mediators and identification of dead bodies made by P.W.1, P.W 7 and P.W.8 - the relations of the deceased and the post-mortem certificate issued by L.W.64 - Dr. T.V. Seshagiri Rao to the effect that the cause of death of D1 and D2 was due to asphyxia due to strangulation, observed that the death of D1 and D2 was a homicidal death. Then basing on the evidence of PW.1, 2 3 and 54 the trial Court observed that the subject lorry was loaded with iron rods on 18.08.2008 to be delivered at Kanchipuram and the driver and cleaner were in active possession till their death. The trial Court further observed the PW.2 identified the power head.

conducted inquest over the dead body of lorry driver (D1) and cleaner (D2) prepared Ex.P8 & P.11- Inquest reports.
(c) PW.56 further deposed that on the requisition of Executive Magistrate, the LW.64-Dr.T.V.Seshagiri Rao (who is no more) conducted autopsy over dead bodies at the spot and issued Ex.P101 and P102 post-mortem reports. He preserved skulls and long bones of both dead bodies for referring to the DNA test.

LW64 handed over the MO.7 to MO.9 clothes found on the dead body of D1 and MO5 and MO6 clothes found on the dead body of D2 to I.O. The I.O. also seized MO18 and MO19 gunny bags wherein dead bodies were stuffed under the cover of Ex.P81-mediatornama in the presence of PW36 and LW2. PW49 took Ex.P12- photographs and Ex.P123-videograph of the exhumation and inquest proceedings. It should be noted at this juncture that in the deposition of PW56 the trial Court mentioned that the prosecution with the permission of trial Court played the Ex.P123-video in Court in the presence of both the learned counsel, parties and witness. PW56 identified the presence of A1, A3 and A11 in the video recording. He also identified other police staff and witnesses present at the exhumation.

(e) PWs. 4, 5 and 36 are the mediators for confessional statements made by A1, A3 and A11 and consequent exhumation proceedings. They deposed in ::39::

mutual corroboration with each other and also corroborated the evidence of PWs.6 and 56.
(f) LW.64 - Dr. T.V. Seshagiri Rao conducted PM examination over the dead bodies of D1 and D2 and issued Ex.P101 and 102 - post-mortem reports wherein he observed that cause of death was due to asphyxiation and spinal cord injury due to fracture of Atlas and Axis vertebrae. It should be noted that LW.64 died in or about 2010 and so PW.41 - Dr. N. Srikanth Rao, CAS Area Hospital, Kandukur who worked along with LW.64 identified the handwriting and signatures of LW.64 on PM reports. He stated that the fracture to the C1 and C2 would certainly cause the death of a human being.