JAGANMOHAN REDDY, J.

( 1 ) THIS second appeal raises an interesting question of law, viz. , whether the statements recorded in a criminal investigation under Section 163 Criminal Procedure Code could be used in a civil proceeding for purposes of cross-examination under Section 145 of the Evidence Act. Both the lower Courts had disallowed the proof of these statements and also did not permit the appellants to use them for purposes of discrediting the witnesses by allowing them to use them in cross-examination under Section 145 of the Evidence Act.

( 2 ) RESPONDENT had filed a suit for recovery of Rs. 3,000. 00 as damages for cutting away her plantain garden and for Rs. 1000. 00 towards the value of the she-buffalo and calf belonging to the respondent which the respondent alleged that the appellants had taken away. The first appellant is the son of the 2nd appellant and the 4th and 5th respondents are the sons of the 3rd appellant and they are all related to appellants 1 and 2. It was averred by the respondent that she owns a land known as Chatla-Manyam in Government Medapadu, that she raised a plantain garden in one acre in 1956, that one night a week prior to the Deepavali of 1956,

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