RANJEET SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under S. 482 of the Code of Criminal Procedure challenging the correctness of the order dated 31-7-1984, passed by VIII Additional Sessions Judge, Kanpur, whereby the application of the petitioner for being supplied copies of the statements of his witnesses recorded under S. 161, Cr. P. C. and copies of the affidavits, have been rejected.

(2.) None has appeared on behalf of the petitioner. I have heard the learned Additional Government Advocate for the opposite parties.

(3.) On 12-11-1982 an F. I. R. was lodged against the petitioner under S. 307, I. P. C. After investigation the accused was charge-sheeted and the petitioner is facing trial in S. T. No. 116 of 1984 State v. Ranjeet Singh arising out of the said crime under S. 307, I. P. C. The case was investigated by the two Investigating Officers, namely, S. I. Mahendra Singh and S. I. Sheo Ram Sharma. The first I. O., Shri Mahendra Singh, submitted Final Report. Subsequent S. I. Shri Sheo Ram Sharma filed chargesheet against the petitioner. The petitioner filed application before the Additional Sessions Judge for supplying copy of statements of witnesses recorded under S. 161, Cr. P. C. and all the witnesses examined prior to submission of Final Report by S. I. Mahendra Singh and also copy of the affidavits alleged to have been filed by the witnesses. The learned Additional Sessions Judge by the impugned order dated 21-7-1984 (Annexure 'C') has rejected the said application assigning reasons that the prosecution has not placed reliance on the evidence collected by the first S. I. Mahendra Singh who submitted a Final Report, and as such the copies of the statements of the witnesses examined by him and also copies of the affidavits cannot be supplied to the petitioner. The petitioner has challenged the correctness of the said order. It has been urged by the petitioner that the subsequent Investigating Officer has also examined some witnesses examined by the first Investigation Officer, and the prosecution wants to examine those witnesses as prosecution witnesses in the case. The statements of the witnesses are very much essential for the just decision of the case as the witnesses may be confronted with their earlier statements.