ANDHRA PRADESH HIGH COURT
S. H. Kapadia, J
In re B. Arjunappa
| Table of Content |
|---|
| 1. witnesses provided conflicting statements under s.164 crpc and during court proceedings. (Para 1 , 2 , 3) |
| 2. arguments presented regarding the contradiction of witness statements. (Para 4) |
| 3. court's discussion on the sufficiency of evidence regarding false testimony and the implications for prosecution. (Para 5 , 6 , 7) |
| 4. determination of expedience for prosecution in light of conflicting testimonies. (Para 8) |
| 5. the appeal decision and withdrawal of complaints against the witnesses. (Para 9) |
1. In P. R. C. No. 10 of 1961, there was an enquiry by the Judicial Second Class Magistrate, Alur against the sole accused, B. Parameswarappa for an offence under S.302 I. P. C. In that enquiry the prosecution examined two witnesses namely, Boya Arjunappa and Chinna Thimmappa of Moragavalli, those two persons denied all knowledge of the occurrence and the commission of the offence. But, each of them had given a statement earlier under S.164 CrPC namely, Ex. P. 1 by Arjunappa and Ex. P. 2 by Thimmappa before the Judicial Second Class Magistrate, Adoni, to the effect that he had seen the commission of the offence by the accused A. P. P. 1 filed a petition before the J. S. C. M. A
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