ANANDILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE correctness of the order dated 17.7.1997 of Additional Sessions Judge, Panna refusing to direct that the copies of statement allegedly recorded by the police on 16.9.1993 immediately after the incident be delivered to the accused -applicants, has been challenged in this petition under section 482 of the Code of Criminal Procedure.

(2.) THE petitioner are facing trial for offences punishable under sections 304B/149, 302/149 and 201/149 of the Indian Penal Code in connection with unnatural death of Kapoori Devi on 15.9.1993. It is alleged that the statements of three of the prosecution witnesses, namely, Pragilal, Dashrath Prasad and Jugalkishore were recorded twice by the police during investigation. The first on 16.9.1993, and again on 28.3.1994. Petitioners were supplied the copies of the letter of statements only. Their application for supply of copies of the earlier statements recorded on 16.9.1993 was rejected by the learned trial Court by the impugned order. The petitioners had even procured copies of these earlier statements and these photostate copies were filed before the learned Sessions Judge.

(3.) THE counsel for the State opposed this petition saying that copies of statements of these witnesses recorded during investigation have already been supplied to the accused along with the report under section 173 of the Code of Criminal Procedure, and the prosecution was not bound to supply the copies now demanded.