CHUMMAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure, 1973(in short the Code). It is directed against the order dated 3.6.2006 passed by Addl. Sessions Judge, IX, Muzaffarpur in S.T. No. 866 of 2005 by which the learned court below has admitted the carbon copies of the medical certificates as primary evidence and taken has (sic) the same into evidence.

(2.) FROM the facts of this case it would appear that before (sic) the learned court below the present petitioners who figured as accused had prayed that the original medical certificates may be called for alongwith an agreement with which for the present I am not concerned . The carbon copies of the medical certificates (Annexures 4 and 4/A) were on record. On behalf of the petitioners it was objected that the carbon copies were secondary piece of evidence and they should not be admitted unless the neccessary legal requirements are fulfilled. The learned court below has rejected this prayer of the petitioners am treating the carbon copies as primary evidence admitted the same into evidence. It is against this order that the present application has been filed.

(3.) IN support of this contention learned Counsel for the petitioners has placed reliance on the case of Rameshwar Singh and Ors. v. State of Bihar 1986 P.L.J.R. (N.O.C.) 29. This is a Bench decision of this Court in which the carbon copy of the F.I.R. and copies of supporting evidence in tie station diary produced before the trial court were held to be in-admissible under Section 65 of the Act since the original F.I.R, was not produced before to court. It was further held that in absence of proof of loss of original document a carbon copy can neither be relied nor can be taken into consideration and is thus liable to be ignored. On the strength of this decision the learned Counsel for the petitioners has submitted that since in the present case also the original documents were not produced their carbon copies can not be admitted into evidence in terms of explanation 2 to Section 62 of the Act. IN this decision reliance has been place on the case of the Roman Catholid Mission and Ors. v. The State of Madras and Anr. . From paragraph 8 of this decision it would appear that the Learned District Judge had taken into consideration the certified copies of certain lease deeds which were already filed in another case and it was held by the Hon'ble Supreme Court in this paragraph as follows: These documents undoubtedly would have thrown light upon the matter but they were not admissible because they were only copies. The originals were not produced at any time nor was any foundation laid for the establishment of the right to give secondary evidence. The High Court rejected them and it was plainly right in so deciding .