SANTOSH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant being aggrieved by the order dated 6-7-2001 passed by the learned Third Additional Sessions Judge, Jagdalpur in Sessions Trial No. 297 of 2001 rejecting the applicant's application filed under Section 91 of the Code of Criminal Procedure, has come to this Court.

(2.) During the course of the trial the applicant/accused made an application before the trial Court inter alia submitting that the evidence collected during the course of the inquest has not been filed by the prosecution along with the charge-sheet and as the same is required to be filed for just and proper disposal of the trial and the said statements may be required for the purposes of cross-examination the prosecution agency be directed to produce the said documents before the Court. The said application was opposed by the prosecution mainly on the ground that the prosecution agency was not obliged to file each and every document but was required to file those documents on which they were placing reliance. It was also submitted before the Court below that when an inquest is made under Section 174 of the Code of Criminal Procedure the evidence collected or the statements recorded during the course of the said inquest are neither required to be filed nor can be termed as evidence, therefore, the same were not required to be filed.

(3.) Learned trial Court after hearing the parties held that in accordance with Section 174 of the Code of Criminal Procedure if the evidence is collected or the statements are recorded the same is not required to be produced in the Court. The trial Court was also of the opinion that only those documents are required to be filed before the Court on which the prosecution was placing reliance and the statements recorded under Section 161 of the Code of Criminal Procedure alone are required to be filed along with the charge-sheet.