N RANGACHARI Vs. STATE OF ANDHRA

JUDGEMENT

(1.) This is an application for expunging the remarks made by the Sessions Judge of Guntur in Sessions Case No. 70 of 1953. The applicant is a doctor in the employment of Government. On the 2nd December, 1953, he gave evidence in the case in which 17 persons were charged with the murdei of one Koti Reddi on the morning of 19th December, 1952, in the village of Ambapuram. In addition to the testimony of several witnesses, the prosecution also relied on the dying declaration said to have been made by the deceased. This dying declaration mentioned that accused 1 to 10 and some others belaboured him with battle-axes, spears and sticks. A note was added to this by the Stationary Sub-Magistrate, that : "after the completion of this statement, the injured said that Cinema Venkatareddi and Velamuri Pitchireddi are responsible for the beating " i.e., accused 16 and 17. One of the arguments advanced for the accused was that no weight could be attached to this declaration as the dying man was prompted to say things which he would not have ordinarily stated. It is in dealing with this argument that the remarks complained of were made by the Sessions Judge. What P.W. 9 stated before the Sessions Court in regard to the dying declaration was this. After referring to the injured person being brought to the hospital, the doctor deposed :-

(2.) In cross-examination in regard to that matter this is what he stated :

(3.) In re-examination, the prosecution wanted to have an elucidation of his statements in the cross-examination. This is what the witness stated in re-examination :-