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1999 Supreme(Mad) 2580

BHIMASANKARAM, KRISHNA RAO


Advocates:
T. Dhanurbhanudu, S. Venkateswara Rao and A. Narasimha Rao, for Accused.
The Additional Public Prosecutor (Mohammed Mirza), for State.

Bhimasankaram, J.-

Criminal Revision Case No. 692 of 1958 is directed against an order passed by the Judicial Second Class Magistrate, Repalle, in C.C. No. 1005 of 1958 upon a memo. filed by the prosecution under section 540 of the Criminal Procedure Code. Criminal Revision Case No. 691 of 1958 challenges the correctness of an order of the same Magistrate in the same case passed on a later date on a petition of the accused presented under section 173(4) and 251-A of the Code.

There was a charge-sheet filed against the accused who were four in number under sections 323 and 325, Indian Penal Code, by the Sub-Inspector of Police, Cherukupalli. In the charge-sheet were set forth the names of 12 persons as persons acquainted with the circumstances of the case. During the trial, the prosecution filed a memorandum in which they stated that two witnesses may be summoned as “additional witnesses” on their behalf because their examination was essential to the just decision of the case. One of them is a doctor working as a Radiologist in the Government Headquarters Hospital, Guntur. He is to produce the negatives of the X-ray photographs taken by him of one of the persons injured in the course
















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