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Showing contexts for: version changed in Asokan vs State Of Kerala on 3 October, 1980Matching Fragments
20. On going through the testimony of PW 2, we find that he has given substantially two different versions before the police and before the Court. The contradictions brought out in Ext. Dl series cannot be brushed aside as in significant or minor contradictions in matters of detail. If the accused had pushed Kumaran at the beginning of the occurrence, that would certainly go to indicate his aggressive stance. Such an allegation, though made in court, was not made before the police. On the other hand, the version given before the police was that there was a tussle and push and pull between them in the course of which Kumaran tripped on a heap of sand and fell down. This evidences a deliberate and motivated attempt on the part of PW2 to give a twist to the case. In his earlier version he mentioned 3 or 4 cuts on the head and legs. At the stage of evidence this is restricted to cuts on the legs alone. No explanation is forthcoming as to why PW 2 should change his version in this manner. His testimony in court goes to show that the head injury must be caused by MO 4 Muttikal which is not the prosecution case as found in the police charge and the charge framed by the court. The discrepancies between the case diary version of PW 2 and his version in the court are very material. In the face of these discrepancies, coupled with the suspicion surrounding Ext. Pi as seen from the evidence of PW 1, it cannot be said that PW 2 is a reliable witness. His testimony cannot be accepted in regard to . the manner in which the injuries were inflicted and occurrence took place. That there was a scuffle was mentioned by PW 2 to PW 6 also. In court PW 2 avoided all mention of a scuffle, evidently because it is a circumstance which may be utilised by the defence. The medical evidence shows that the head injury must be due to the cut with a sharp-edged weapon. The evidence of PW 2 does not show that there was an injury on the head with a chopper. On the other hand, the evidence of PW 2 suggests that the head injury must have been caused by hitting with MO 4. We have already seen that such a suggestion was not put to the medical expert at all. It is evident that PW 2 has been changing his version, developing his case and suppressing truth.