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Showing contexts for: version changed in M. Durga Prasad, Spl. Assistant, ... vs The State Of A.P. And Etc. on 14 August, 2003Matching Fragments
78. Further, as seen from the record, the crime was registered on 30-4-1993. While so, the investigating officer arrested P. W. 2 on 17-7-1994 and P. W. 1 on 14-2-1995. P. Ws. 1 and 2 were examined under Section 164 Cr. P. C. On 25-2-1995 and tender of pardon was granted to them under Section 306 Cr. P. C. on 18-3-1995, i.e.. about two years after the registration of the crime. Thus, there is a long gap between the registration of the crime and recording of the statements of P. Ws. 1 and 2 and during this long gap, the possibility of P. Ws. 1 and 2 changing versions cannot be ruled out. Further, as seen from the evidence of P. W. 3, the Sub-Manager of Syndicate Bank, Gandhinagar, Vijayawada, in which bank A-4 and A-5 worked and further A-3 was allegedly introduced by P. W. 1, the investigating officer examined P. W. 3 and recorded his statements on 17-2-1994 and 7-1-1995. Thus, after examination of P. W. 3 by the investigating officer, P. Ws. 1 and 2 allegedly made confession statements on the basis of which they were treated as approvers. This event viz., the investigating officer arrested P. Ws. 1 and 2 after examining P. W. 3, gives rise to a suspicion over the veracity of the statements made by P. Ws. 1 and 2 and thus I am of the considered view that the evidence of these accomplice witnesses does not satisfy the double test prescribed by the Apex Court. When the evidence of both P. W. 1 and P. W. 2 is eschewed from consideration, there remains nothing which points towards the guilt of A-3.