STATE Vs. RAVIKANT SHARMA

JUDGEMENT

(1.) This revision petition is directed against the opinion of the trial court expressed during the recording of the cross-examination of PW-193 (Inspector Sukhwinder Singh) with regard to submissions alleged to have been made by PW-66 (Rakesh Bhatnagar). The portion of the opinion which is impugned herein reads as under : -

(2.) The learned Special Public Prosecutor who argued this matter on behalf of the petitioner (State) submitted that by virtue of the above opinion / direction, the prosecution has been directed to supply copies of ?gists?of statements said to have been recorded by PW-193 while interrogating PW-66. According to the learned Special Public Prosecutor, these are not statements which fall within the meaning of Section 161 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ?the Code?) and therefore, the accused would not be entitled to any copies of these gists. He further submitted that these gists were not statements but mere observations of the investigating officer namely PW-193 (Inspector Sukhvinder Singh). He referred to the cross-examination of PW-193 which is at page no. 21 of the present paper book. The relevant portion of the said cross-examination reads as under : -

(3.) Referring to the said portion of the cross-examination of PW-193, the learned Special Public Prosecutor pointed out that PW-193 has clearly and categorically stated that he did not record the gist of statement of PW-66 (Rakesh Bhatnagar) but the gist of interrogation which was his own observation and not the statement of PW-66.