BENJAMIN Vs. STATE

JUDGEMENT

(1.) The petitioner is one among the three accused, filed an application under Section 73 of Indian Evidence Act in the case in S.C. No. 204 of 2011 pending on the file of the II Additional District Sessions Judge, Salem, with a prayer to send Exhibit P-4 the report of V.A.O. and Exhibit P-21 the Inquest Report prepared by the Investigating Officer to the handwriting expert for comparison of hand writing in both records and such comparison would be enlightened the fact that both Exhibits P-4 and 21 were written by the same person who is the police personnel. The request of the petitioner was opposed by the prosecution by stating that the petition is filed only to protract the proceedings that the Court can compare the documents to decide the application.

(2.) The learned trial Court judge after hearing both sides, dismissed the application by observing that whether both the documents had been written by one and same person can be decided only on the basis of evidence of the concerned witnesses and Court can also compare the handwritings. Hence, this petition.

(3.) The investigation in this case has supported with an extra judicial confession allegedly given by one of the accused by name Suresh to P.W.5, Village Administrative Officer. It is the evidence of P.W.5 that his assistant by name Naidatham wrote Exhibit P-4 statement. As far as the Inquest Report in Exhibit P-21 is concerned, it is the evidence of P.W.17, Investigating Officer that as per his instructions, Head Constable Jayaraman wrote the Inquest Report. He denies the suggestion that both Exhibits P-4 and 21 were written by the same police Head Constable.