SANAPALA KRISHNA MORTHY Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is directed against an order of the learned 1st Class Magistrate, Ichapuram rejecting Crl. M.P. No. 71 of 1970 for summoning other eye-witnesses to the incident in P.R.C. No. 1 of 1970 on his file.

(2.) P.Ws. 1 and 2 who are said to be direct witnesses to the occurrence were examined and the accused wanted that the other so-called eye-witnesses also should be examined. That petition having been dismissed, they moved the learned Additional Sessions Judge-cum-Additional District Magistrate, Srikakulam, to refer the matter to the High Court. That petition having been dismissed, they have filed this criminal revision case.

(3.) The case against the six accused is for offences under sections 147, 323, Indian Penal Code. It was originally taken up as calender case but was later converted into a P.R.C. proceeding. Among several eyewitnesses, two witnesses were examined. The learned Magistrate having found that the evidence of these two witnesses, who according to their statements, were present at the time of occunence, is supported by the wound certificate regarding injuries to P.W. 1 did not think it necessary in the interest of justice to examine other witnesses to the occurrence and dismissed the petition.