AMARJIT SINGH Vs. STATE

JUDGEMENT

(1.) On July 28, 1980, one Dewan Singh was attacked by Kulbir Singh and Kuldip Singh- at the instance of Avtar Singh. He succumbed to the injuries. The Police after investigation challaned the assailants under S. 302 I.P.G. An application was made before the Addl. Sessions Judge. on. January 3,1981, by the counsel for the complainant through .the, Addl. Public Prosecutor for permission to produce photostat copies of the two applications which the deceased is said to have submitted to the police of Ghaziabad and Delhi in January and February 1980, apprehending danger of life at the hands of the accused. They are alleged to have been discovered after the challan was filed. It was also prayed that the proscution should be allowed to examine witnesses to prove these documents at appropriate time.

(2.) The learned Addl. Sessions Judge by his order of January 17. 1981, rejected this application, on the ground that the documents lacked authenticity as they were mere photostat copies bearing no attestation. They can also not be treated as a part of a supplementary challan in the absence of verification from the concerned investigating agency. He further held that the documents cannot be brought on record even under S. 311 Cr. P.G because the stage for additional evidence has not yet reached. For purposes of framing of the charge, only the documents filed along with the report under S. 173 Cr. P.C. could be considered. Hence, this petition.

(3.) Shri Sethi for the accused submitted that the prosecution had no light to submit these documents because under S.I 73 Cr. P.O., sub-section (5), when a police 0ffic r forwards a report, he "shall" forward along with it all documents on which the prosecution proposes to rely besides those already sent to the Magistrate during investigation; and the statements recorded under S. 161 Cr. p. e. of all the persons whom the prosecution proposes to examine as its witnesses. There is no provision in the code permitting filing of additional documents except by wayofa supplementary challan.