DIAL SINGH NARIAN SINGH Vs. RAJPAL JAGAN

JUDGEMENT

(1.) AN interesting question of law regarding the mode of proof and the admissibility of a tape-recording arises in these two connected petitions which will be disposed of by this order.

(2.) THE facts giving rise to the petitions are that during the trial of the respondent raj Pal and others on a charge under Sections 324, 325, 148 and 149, Indian penal Code, two witnesses Ujagar Singh and ram Lal were examined on behalf of the prosecution. It was alleged on behalf of the defence that the voices of both these witnesses had been earlier tape-recorded and the same were played in the court and put to the witnesses when they gave their evidence. Both the witnesses, however, denied that the voices were theirs. Rattan Chand and Raj Pal, respondents, on the 15th of January, 1968, then moved two applications in the court for the recording of the voices of the witnesses so that it could be used for the purpose of comparison. Both these applications were allowed in a short order by R. D. Singla, a Judicial Magistrate on the ground that the same was in the interest of justice on 15th January, 1968. The present petitioner Dial Singh who is the complainant in the said case then challenged the orders granting the application beofre the Court of Session at Amristar, but his revisions were declined by the orders of Shri. J. S. Chatha dated the 25th of June, 1968, on identical grounds. The petitioner now challenges the orders of the Courts below by way of revision.

(3.) MR. V. K. Ranade, the learned counsel for the petitioner has challenged the impugned orders on the ground that there exists no express provision of law in the indian Evidence Act regarding the admissibility of a tape-recording and he, therefore, argues that they are inadmissible and cannot be brought on the record. In the alternative it has been argued that in the statute there exists no provision for the comparison of two tape-recorded voices and in any case the trial Court cannot embark upon such a comparison.