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2004 Supreme(Kar) 539

A.C.KABIN
SRIDHAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
G.Suresh, P.M.Nawaz, Sriyuths C.H.Hanumantharaya

( 1 ) WHAT has been challenged in this petition filed under Section 482 of the Cr. P. C is the ruling of XXI Addl. City Civil and sessions Judge and special Judge for CBI Cases for Bangalore City, holding that a witness, while he is being examined as a witness in a Court, is entitled to look into a mahazar for refreshing his memory.

( 2 ) IN the trial of the petitioner for offense punishable under sections 143, 147, 148, 149, 323, 307 read with 120-B IPC and sections 3 and 5 of the Explosive Substances Act, P. W. 6-Narayanappa, former Police Inspector, Banasawadi Police Station, Bangalore City, was examined on 29. 11. 2002 to show that he had accompanied the reading party and that he was present at the time of seizure of certain arms from the possession of the accused. After major portion of the examination-in-chief was over, with regard to the particulars of the weapons, vehicles, properties allegedly seized from the possession of each accused, the witness sought for permission to look into the mahazar and P. F. for the purpose of refreshing his memory, and that was objected to by the learned Counsel for the accused on the ground that the said witness was not a signatory to the ma












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