HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11358 of 2011 ORDER: This Criminal Petition is preferred against the order dated passed in S.C.No. 111 of 2008, dated 8.11.2011 by the learned III Additional Sessions Judge (Fast Track Court), Ranga Reddy District, whereby he dismissed the application filed by the petitioner objecting the recording of evidence in the trial Court. The facts of the case are as follows: Petitioner herein, who is an accused in the above Sessions Case is facing trial for the offence under Sections 302 and 201 of IPC. In the said case, one M. Adinarayana Reddy was examined as P.W.5, who is a panch witness for confession and seizure of material objects. During the said examination, the learned trial Judge instead of marking the admissible portion in the confession, recorded the evidence of P.W.5 in which, the learned Judge recorded alleged statement given by the petitioner-accused to P.W.5 as evidence. Challenging the same, the petitioner-accused preferred a petition and the same was dismissed by the learned trial Judge observing that he has marked only the admissible portion. Hence, no prejudice will be caused to the petitioner herein. Heard This Court perused the record and also the evidence recorded by the learned trial Judge during the time of examination of P.W.5. It is unfortunate to note that the learned trial Judge while proceeding in this case in an erroneous manner, has recorded the evidence adduced by P.W.5 in connection with the confession given by the accused herein, which is totally inadmissible in law. In so far as the Panch witnesses are concerned, a duty is casted upon the trial Court only to record the admissible portion, which leads to recovery on the basis of the confession concerned, whereas the trial Judge has recorded the entire confession as evidence through P.W.5. Hence, this Court is of the view that the present petition has to be allowed and the following directions are given to the trial Court. The trial Court is directed to expunge the evidence recorded through P.W.5 except to the extent, which leads to recovery of the material objects, and the trial Court can proceed further in the matter. The Criminal Petition is disposed of accordingly. _____________ RAJA ELANGO, J 16.11.2011 CHV