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1970 Supreme(Mad) 163

A.D.V.REDDY
Smt. Katasani Rama Lakshmamma – Appellant
Versus
Katasani Jagadeswara Reddi – Respondent


Advocates:
C. Padmanabha Reddy and T. Rama Mohan Raj, for Petitioner.
T. Bali Reddi, for first Respondent.
The Public Prosecutor, on behalf of the State (2nd Respondent).

Judgment.-

The only contention raised in this petition is whether the statement of the deceased recorded by the Magistrate and marked as Exhibit P-21 and another statement of the deceased recorded by the police and marked as Exhibit P-29, in Sessions Case No. 5 of 1969 on the file of Sessions Court, Cuddapah are admissible in evidence under section 32 of the Evidence Act.

2. On the night of 6th June, 1968, while one Katasani Chinna Eswara Reddi (hereinafter referred to as the deceased) was sleeping in his house on a cot along with his daughter P.W. 2, acid was thrown on both of them and they sustained burns. They were removed to the hospital at Proddatur, where they were first treated by P.W. 5 the lady doctor. On the same day, P.W. 5 had sent an intimation Ezhibit P-6 to the Police. P.W. 16 the head constable of the town police station came to the hospital and recorded Exhibit P-29 a statement from the deceased The doctor P.W.5 had also sent another intimation to the Magistrate and P.W.12 the Judicial II Class Magistrate, Proddatur who received intimation reached the hospital and there recorded Exhibit P-21 another statement of the deceased. On the statement recorded by P.W.16 a cas




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