(1.) THIS is a revision petition filed by the State of Punjab against the order dated November 22, 1973 of the Sessions Judge, Sangrur, whereby he directed the prosecution to furnish, free of cost copies of the statements of the prosecution witnesses Netar Singh, Darshan Singh son of Sucha Singh, Major Singh, Nachhattar Singh, Sub -Inspector, Karnail Singh and Balwant Singh, Assistant Sub -Inspector recorded by Surjit Singh, Deputy Superintendent of Police in the case diary.
(2.) THE facts of this case are that Mohinder Singh and four others, residents of village Akbar Pur Chhanan, district Sangrur were committed by the Judicial Magistrate 1st Class to stand their trial in the Court of Session under Section 302/149, 452/1,49, 324/149, 323/149 and 148, Indian Penal Code. In the Court of the Sessions Judge, the accused made an application that copies of the statements of the prosecution witnesses, who were proposed to be examined by the prosecution, recorded in the case diary by the Deputy Superintendent of Police Shri Surjit Singh during the investigation may be supplied to them. This application was opposed by the Public Prosecutor on the ground that the accused could get only copies of those documents which are mentioned in Section 173, Sub -section (4), Code of Criminal Procedure, that the copies of the state -merits of the prosecution witnesses recorded under Section 161(3) Code of Criminal Procedure had already been supplied to them and that they were not entitled to the copies recorded in the case diaries by the Deputy Superintendent of Police. After hearing the counsel for the parties, the Sessions. Judge, Sangrur directed the prosecution to furnish free of cost copies of statements of Netar Singh, Darshan Singh, Major Singh, Nachhattar Singh, P.Ws. besides the statements of Sub -Inspector Karnail Singh and A.S.I. Balwant Singh recorded by the Deputy Superintendent of Police in the case diary during the investigation. Feeling dissatisfied, the State of Punjab filed this revision petition against this order.
(3.) THE learned Counsel for the Punjab State contended that no statements of these six witnesses were recorded by the Deputy Superintendent of Police under Section 161(3), Code of Criminal Procedure and therefore, the accused are not entitled to get copies of those statements under Section 173(4), Code of Criminal Procedure. However, he conceded that in view of the provisions of Section 173(4), Code of Criminal Procedure and Section 207 -A Sub -section (3), the police officer can be directed by the Magistrate to furnish to the accused the documents referred to in Section 173(4), Code of Criminal Procedure. In this case, the investigation was conducted by Sub -Inspector Karnail Singh who recorded the statements of the witnesses. An application during the investigation was made to the Additional Inspector General of Police, Punjab, Chandigarh against the police of District Sangrur and this was forwarded by him to the Deputy Inspector General of Police, Patiala Range, who deputed Shri Surjit Singh, Deputy Superintendent of Police, Patiala for investigation. The said Deputy Superintendent of Police recorded the statements of nine witnesses under Section 161, Code of Criminal Procedure relating to Ikkatar Singh accused, who has since been discharged. He also examined six other witnesses mentioned above, but did not record their statements under Section 161(3), Code of Criminal Procedure, but recorded their statements in the case diary. To ascertain how Shri Surjit Singh, Deputy Superintendent of Police recorded the statements of the six witnesses, the counsel for the State of Punjab was directed to produce police diary of this case. The statement of each of these six witnesses was recorded separately by the Deputy Superintendent of Police. The statement of Netar Singh was recorded in detail. This witness had lodged the first information report of this case and his statement recorded by the Deputy Superintendent of Police was practically what was stated by him in the first information report. As regards the statement of Major Singh P.W., the Deputy Superintendent of Police wrote that he corroborated the statement of Netar Singh P.W. and besides that, he stated certain other facts, which were recorded by him in his statement. To the same effect were the statements recorded by him of Darshan Singh P.W. and Nachhatar Singh P.W. Besides this the Deputy Superintendent of Police recorded the statement of Karnail Singh Sub -Inspector, who had conducted the investigation of this case as to whether one Mohinder Singh had come to him to lodge the report on August 21, 1972 pertaining to this occurrence. The statement of Balwant Singh, Assistant Sub -Inspector, Incharge Police Guard Rajendra Hospital, Patiala was also recorded by the Deputy Superintendent of Police as he had recorded the statement of Sucha Singh, since dead, in the Rajendra Hospital. The statements of these witnesses were recorded separately by the Deputy Superintendent of Police in the case diary.