PRITHVI SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is preferred by accused persons against the order of the learned trial Court thereby it has allowed the application filed by the prosecution on 5-4-1995, seeking leave of the Court for accepting a document, i. e. , an inland letter as an additional evidence and for exhibiting the same, through witness Padam Singh P. W. 6. The document was filed in the committal Court, on the next day of filing of the challan. The document (inland letter) is stated to have been written by the deceased lady Smt. Rekha to her father, witness Padam Singh.

(2.) THE facts may be briefly summarised. The petitioners are facing a trial for the offences under Sections 498-A, 304-B and 306 read with Section 34 of Indian Penal Code.

(3.) AT the trial, the complainant Padam Singh, the father of the deceased-lady appeared as P. W. 6. During his examination-in-chief, the learned Prosecutor wanted to get the above document (inland letter written by deceased) exhibited and proved, but the same was objected by the accused persons on the grounds; firstly, that no additional document could be received by the Court after the challan was submitted in Court and the copies thereof, were supplied to the accused persons under Section 173, Criminal Procedure Code. Secondly, the document was also not admissible in evidence as it was a fictitious and a forged document and was not seized by the police during investigation nor any reference about the document was made either in the F. I. R. or in the statements of the witnesses recorded by police during investigation.