JAI PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against the order dated 3/8/2005 passed by the learned Fast Track Court, Additional Sessions, IV, Nawadah in S.T. No. 77 of 2003 by which the Court had allowed the prosecution to prove the photo copy of the injury report as secondary evidence.

(2.) From the facts it would appear that a case against the petitioner and four others, was instituted under various Sections of the Indian Penal Code and also under Section 27 of the Arms Act. The charge sheet was submitted against them. The cognizance of the offence was taken and the case was committed to the Court of session for trial. In the course of the trial the photo copy of the injury report which was available in the case diary was sought to be proved by the prosecution. This was opposed by the present petitioner. The original injury report was called for by an order dated 17/2/2006. It, however, appears that in compliance of this order no notice was sent to the Investigating Officer for producing the original injury report. On his behalf, however, a letter was received from the Superintendent of Police, Nawadah stating therein that the original injury report was not available in the records of the case at the police station. The prosecution wanted to prove the photo copy of the injury report. The learned Court below by the impugned order has allowed this petition and against this order the present application has been filed.

(3.) On behalf of the petitioner it has been submitted that under the facts and circumstances of this case the photo copy of the injury report cannot be admitted into evidence. It has also been submitted that the prosecution cannot be allowed to lead secondary evidence with respect to the said injury report.