Panchapakesa Ayyar, J.- This case was directed by the Hon’ble the Chief Justice to be posted before a Bench on the recommendation of Ramaswami, J., that a Bench should hear and dispose of the matter in view of the then existing conflict regarding the legal questions involved in the case between the judgment of Somasundaram, J., in Ramanathan v. State1, and a judgment of a Bench of this Court in Tirmul Thevar v. State2, and the judgment of Ramaswami, J., in Arumugam Solathirayar v. Ponnalagu Pandrar3, and the Supreme Court Judgment indirectly bearing on the question in Narayana Rao v. Stale of Andhra Pradesh4. Since the reference was made to this Bench, as the learned Public Prosecutor has urged, Somasundaram, J., has, in view of the observations of the Supreme Court in the judgment cited above, modified his original view in Public Prosecutor v. Pachaiappa Mudaliar5, the judgment in which were delivered on 21st November, 1957 and remaining unreported till now. In this judgment Somasundaram, J., practically fell into line with the other rulings cited above which have held that the Court has got a discretion to summon witnesses not named in the list filed under section 204 (i-A) of th

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