LAWS(P&H)-1989-7-70

ATMA SINGH Vs. STATE OF PUNJAB

Decided On July 25, 1989
ATMA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) SOLITARY , short and crucial point for determination in Criminal Revision No. 945 of 1988 is whether statements allegedly made by defence witnesses to the police, in the course of investigation, in terms of Sections 162 Criminal Procedure Code, 1973 can be put to the witnesses aforesaid in cross-examination for purposes of contradiction. Section 162 Criminal Procedure Code which gives a clear negative answer to the proposition is being reproduced hereinafter :-

(2.) A bare reading of this Section makes it abundantly clear that the prosecution may confront a prosecution witness with a statement made to the police during investigation in terms of Section 162 Criminal Procedure Code while putting him leading questions by way of cross-examination after getting the witness declared hostile and the accused may also confront him therewith in the course of cross-examination. This right to the prosecution as also to the accused is available in respect of a prosecution witness only. Shri Gamdoor Singh is admittedly a defence witness and, therefore, obviously not covered by this Section. Interpreting Section 162 Criminal Procedure Code, in Laxman Kalu Nikalje v. The State of Maharashtra, AIR 1968 Supreme Court 1390 and Mrs. Shakila Khader etc. v. Nausher Gama and another, AIR 1975 Supreme Court 1324 their Lordships of the Supreme Court observed :