NATHU MANCHHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The following questions have been referred to this Full Bench by the Division Bench:- (1) Is the evidence of a witness whose statement recorded in the course of investigation under Chapter XII of the Criminal Procedure Code if read over to him before the witness steps into witness box becomes inadmissible or such as would be of no value whatsoever ? (2) Does such contravention of sec. 162(1) effect admissibility or probative value of the evidence of such a witness ? (3) Does reading over of such statement to a witness before he enters witness box amount to use of such statement contrary to sec. 162(1) ? These questions have arisen in the following circumstances:-

(2.) In sessions case No. 4 of 1976 from which this appeal arises two witnesses for the prosecution name Limji Ukad P.W. 10 Ex. 17 and Chhaganbhai Vishalabhai P.W. 11 Ex. 18 were called to prove an extra judicial confession alleged to have been made before them by the accused. In the course of cross-examination Limji Ukad stated that in the morning of the day of his deposition his statement was read over to him by police and the police told him to give evidence in accordance with his police statement. In the course of cross-examination he denied the suggestion that he was falsely involving the accused; and added that he had stated what and happened.

(3.) The other witness Chhaganbhai Vishalbhai said in his cross-examination that police had read over to him in that morning his statement recorded by police and police told him to give evidence according to what he knew. He asserted that police had not told him to give evidence according to the it police statement.