SANAPALA KRISHNA MORTHY Vs. STATE
HIGH COURT OF ANDHRA PRADESH
SANAPALA KRISHNA MORTHY
STATE REPRESENTED BY THE ADDITIONAL PUBLIC PROSECUTOR, SRIKAKULAM
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(1.) This Criminal Revision Case is
directed against an order of the learned
1st Class Magistrate, Ichapuram rejecting
Crl. M.P. No. 71 of 1970 for summoning
other eye-witnesses to the incident in
P.R.C. No. 1 of 1970 on his file.
(2.) P.Ws. 1 and 2 who are said to be
direct witnesses to the occurrence were
examined and the accused wanted that the
other so-called eye-witnesses also should
be examined. That petition having been
dismissed, they moved the learned Additional Sessions Judge-cum-Additional
District Magistrate, Srikakulam, to refer the
matter to the High Court. That petition
having been dismissed, they have filed this
criminal revision case.
(3.) The case against the six accused is for
offences under sections 147, 323, Indian
Penal Code. It was originally taken up as
calender case but was later converted into
a P.R.C. proceeding. Among several eyewitnesses, two witnesses were examined.
The learned Magistrate having found
that the evidence of these two witnesses,
who according to their statements, were
present at the time of occunence, is
supported by the wound certificate regarding injuries to P.W. 1 did not think it
necessary in the interest of justice to
examine other witnesses to the occurrence
and dismissed the petition.;
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