ACHAL KHEMKA Vs. STATE

JUDGEMENT

(1.) PETITION to call for the records in JC No,81 of 2008 on the file of the XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, and to set aside the order passed in Crl.M.P. No,803 of 2008 dated 01.12.2008.) The petitioner is the sole accused in the proceedings taken on file by the XII Metropolitan Magistrate/Juvenile Justice Board, Kellys, in J.C. No,81 of 2008, for the offence under Section 304 (A) IPC. In the course of trial, among other documents, the statement of PW-13 recorded by the Investigating Officer during investigation and also a letter written by the said witness, were supplied to the accused under Section 207 Cr.P.C. Further, PW-13 admitted before court about such letter having been written by him and the admission was made by him when he was confronted with a xerox copy of the letter. Under such circumstances, a petition ie., Crl. M.P. No,803 of 2008 in J.C. No,81 of 2008, under Section 91 read with 172 Cr.P.C. was filed by the defence for production of original of the letter written by PW-13. By the impugned order, the request was turned down and aggrieved thereby, the petitioner has come up with the present Revision Case.

(2.) LEARNED Senior Counsel for the petitioner submits that availability of the original of the letter is not denied and, in fact, a copy of the said letter has already been supplied to the accused under Section 207 Cr.P.C. Further, PW-13 emphatically admitted during the course of cross examination the factum of having written such letter that being so, the accused is entitled to mark the same for the purpose of impeaching the merit of the witness.

(3.) IT is not in dispute that PW-13, while giving statement during investigation, had also written a letter to the police and admittedly, a copy thereof has been furnished to the accused as per Section 207 Cr.P.C. During cross examination, a xerox copy of the letter was shown to the witness and when he was confronted with the contents of the same, it was admitted that the letter was written by him alone. Unfortunately, the original was not produced before court, however, it is available with the Investigating Officer. The letter written by PW-13, in such circumstances, forms part of the statement given by him. Not only the statement given by a witness but a letter or document or any other material furnished during the course of investigation by such witness to the Investigating Officer could be used for the purpose of contradicting or impeaching the credibility of the witness.