BHARAT Vs. STATE OF M P

JUDGEMENT

(1.) THE short question involved in both these revisions is as to whether an accused person is entitled to receive copies of the statements of the witnesses recorded by the investigating officer in connection with inquest under Section 174 Cr. P. C.

(2.) IN the instant cases, admittedly, statements of the prosecution witnesses were recorded twice, firstly, in connection with the inquest under Section 174 Cr. P. C. , and then under Section 161 Cr. P. C. , after registration of the crime. The learned Magistrate has declined prayer made by the accused applicants for supply of the copies of the former statements on the ground that an accused person is not entitled to receive such copies. Reliance has been placed on a Division Bench decision of this Court in Ashok Dubey (1980 MPLJ 300 ).

(3.) IN Ashok Dubey (supra), although a passing remark is made by the Court regarding right of the accused to receive copies of the statements recorded under Section 174 Cr. P. C. . However, as made clear in the judgment, the question was not finally answered and left open to be decided in some other appropriate proceedings. It will be thus seen that the ratio in Ashok Dubey could not be pressed in service in refusing prayer of the accused persons for supplying copies of those previous statements.