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1984 Supreme(AP) 357

Andhra Pradesh High Court
Judges : K.JAYACHANDRA REDDY, SRIRAMULU
Bondalapati Arogyanadham Hari - Appellant
Versus
State OF A.P. - Respondent
Crl. A. No. 836/83
Decided On : 09-19-84
Advocates Appeared :
Mr. T. Balireddy

Headnote:EVIDENCE Act, Sec. 154 - Testimony of a hostile witness-Evidentially valid.

       Held : Regarding the evidentiary value of the witnesses who were treated hostile, it is well settled that the mere fact that the witness is dealt with under Sec. 154 of the Evidence Act and was cross-examined, does not necessarily warrant that such an evidence is wholly unreliable. Section 154 of the Evidence Act lays down that the Court may, in its discretion, permits the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party The Court should consider the facts in each case and see whether as a result of the witness being treated hostile, he stands thoroughly discredited or can still be believed in regard to a part of his testimony and if the court is satisfied that the credit of the witness has not been completely shaken, it can with due care and caution accept that part of the testimony of the witness which is found to be creditworthy and the court can act upon the same.

       Crl. Appeal Dismissed.

       

( 1 ) THE appellant is A-1 before the trial Court. He along with another (A-2) was tried for the offences punishable under section 302 I P C. The trial Court acquitted A-2 and convicted a-1 under Section 302 IPC and sentenced him to imprisonment for life.

( 2 ) THE prosecution case is as follows :- The deceased Sri G Ch. Venkataramaiah, was the Divisional engineer, South-Central Railway and was known for his honesty and integrity. A-1 is a Mazdoor man in Vijayawada thermal Power Station residing at kondapalli apd at the relevant time the deceased was his Divisional Engineer. A-2 is a fruit hawker and a close friend of A-1. The Office of the deceased was situated in the second floor of the Divisional Office. A-1 was seeking a transfer to Vijayawada but the deceased did not accept his request. On 7-9-1982 at about 6-30 pm the deceased, p W 1 the Head-Clerk in the Office of the deceased PW 2 a watch man in the office of the deceased and PW 3 the electric crane operator in the Loco-shed came to the staircase leading to the first floor after closing the collapsible gate in the second floor of the building. When they came near the staircase, they found a-1 standing on the second step of the stair case while A2 was standing on the third step. A-1 requested the deceased to transfer him to Vijayawada and pretended to catch the legs of the deceased. The deceased asked him to come on the next day. A-1 who was in a drunken state pushed back the deceased upto the Office of the Assistant engineer in the Second floor and fell on him and stabbed him indiscriminately with a Barise like knife. The knife got struck into the left hand of the de: eased. At that time A-2 was standing by the side of A-1. The accused No. 1 having inflicted the injuries ran away. P W 1 who witnessed the occurance, came out and found P W 4 the Sub Inspector, railway Protection Force, near his office which is opposite to the office of the deceased. P W 4 having heard the cries by then, has come out of the office. P W 1 went and informed P W 4 that the deceased was stabbed by the assailant. Immediately he rushed to the office of the deceased and found the deceased lying in a pool of blood. P W 4 came down and went in a jeep to the railway Hospital and brought P W 9. the Assistant Medical Officer. P W 9 examined the deceased and pronounced him to be dead. P W 4 thereafter asked p W 1 about the incident and on the basis of the information given by P W 1 he went to the V Town Police Station and drafted the report Ex. P-4 and handed over the same to P W 18 the Deputy sub-Inspector at about 7-30 P M. P W 18 registered a crime and issued the f I Rs. He informed the Circle Inspector p W 20. P W 20 reached V Town police Station and received the F I R ex. P 39, and went to the scene of occurrence held the inquest in the presence of PW 13 and others. He examined PWs 1 to 3 during the inquest. He sent the dead body for postmortem. P W 14 the Civil assistant Surgeon, conducted the postmortem on 8-9-82. He found as many as 18 incised wounds all-over the body. On internal examination he found injuries to the underlying structures and fracturing the 5th and 6th ribs injuring the pleura, right lung, left lung and the sternum. Most of the vital organs were also cut. He opined that the injuries could have been caused by sharp-edged weapon and the deceased would have died of shock and heamorrhage as a result of injuries to the vital organs like lung, the liver and other vital organs. P W 20 continued the investigation and examined P Ws 5, 6, 9, 10 and others on 9-9-82. He went to the office where the accused was working and seized Ex. P-8 the Muster- roll and also examined P W 8 Gang mazdoor Maistry. On 12-9-1982 he arrested A-1 the appellant, took him to v Town Police Station and he took his foot-prints on Exs. P-26 to P-31. A-1 was produced before the Magistrate. On 14-9-1982 on the requisition given by P W 20 P W 17 the V Addl. Judicial first Class Magistrate, Vijayawada held an identif


















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