VIKAS @ VICKY RAMCHANDRA GOEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application the original accused Nos. 1 and 2 who are facing trial along with four other accused have raised the following questions for my determination:--

(2.) The facts leading to the filing of the present petition are as under:---

(3.) Shri Singh appearing on behalf of the petitioners (original accused Nos. 1 & 2) and Shri Panda appearing on behalf of the respondent Nos. 2 to 5 (original accused Nos. 3 to 6) strenuously submitted that the defence was entitled, in the circumstances of the present case, to inspection of the original statement of Bhikaji Sarfare. According to the defence, a copy of the said statement had been furnished to the defence as the prosecution had proposed to examine him in support of its case. While P.W. 2, the complainant, who is the first informant was being examined, a positive statement was made on behalf of the prosecution that it would examine the said Bhikaji Sarfare if he was available. P.W. 15 Vinayak Patil, the Investigating Officer in paragraph 5 of his evidence has deposed that he had recorded the statement of witnesses i.e. Bhikaji Sarfare, Abdul Wahid (P.W. 3), Vithal Sardesai and Jairam Bhalerao. According to Shri Singh, the learned Advocate appearing on behalf of the petitioners, the original statement of the said Bhikaji Sarfare was shown to him and he had found that the said statement was type-written containing the original "I remembered that the person on left side fired the shots" and the same was altered in the hand writing to the effect that, "the persons on both sides had fired the shots". This has been stoutly denied both by the witness as also by Shri Shirodkar, the learned Special Public Prosecutor appearing in the case.