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In Re: Krishnaswamy Udayan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.712
AppellantIn Re: Krishnaswamy Udayan and ors.
Excerpt:
criminal procedure code (act v of 1898), section 256 - criminal trial--procedure--close of prosecution case--petition by accused for admisson of letter by prosecution witnesses-right of accused to re-call and reexamine prosecution witnesses. - - 2. if the letter alleged to have been written by some of the prosecution witnesses would show that the evidence now given is unreliable, then the accused ought to have been allowed to recall those prosecution witnesses to be examined about that letter.ordersankaran nair, j.1. it seem to be clear that the petition said to have been presented by one of the accused to the deputy magistrate ought to have been received in evidence.2. if the letter alleged to have been written by some of the prosecution witnesses would show that the evidence now given is unreliable, then the accused ought to have been allowed to recall those prosecution witnesses to be examined about that letter. i, therefore, set aside the judgment in appeal, direct the sessions judge to cause the production of the petition by the deputy magistrate, re-call and examine the prosecution witnesses about the letter alleged to have been written by them and dispose of the appeal in accordance with law.
Judgment:
ORDER

Sankaran Nair, J.

1. It seem to be clear that the petition said to have been presented by one of the accused to the Deputy Magistrate ought to have been received in evidence.

2. If the letter alleged to have been written by some of the prosecution witnesses would show that the evidence now given is unreliable, then the accused ought to have been allowed to recall those prosecution witnesses to be examined about that letter. I, therefore, set aside the judgment in appeal, direct the Sessions Judge to cause the production of the petition by the Deputy Magistrate, re-call and examine the prosecution witnesses about the letter alleged to have been written by them and dispose of the appeal in accordance with law.


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