HARCHANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts giving rise to this petition under Section 482 Cr. P. C. are that the accused petitioner alongwith others is facing trial for offences under Sections 302, 341, 447, read with Section 34 IPC in Sessions Case No. 79/2001. THE statement of P. W. 15 Richpal Singh, the then S. H. O. , who investigated this case was being recorded on 13. 5. 03. During the examination-in-Chief, an objection was raised on behalf of the accused persons that this witness was deposing after perusing the case file of the Court which is not permissible. This objection was disallowed by the learned Additional Sessions Judge (Fast Track), Jaipur District, Jaipur, by holding that the witness being the Investigation Officer, permission is granted to refresh his memory. This order has been challenged vide this petition by the accused petitioner with a prayer to recall the entire statement of this witness.

(2.) LEARNED counsel for the accused referred the Provisions of Sections 159 and 160 of the Indian Evidence Act, which are reproduced as under:- 159. Refreshing memory.-A witness may while under examination, refresh his memory by time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory. The witness may also refer to any such writing made by any other person, and read by the it witness within the time aforesaid, if when he read it he know it to be correct. When witness may use copy of document to refresh memory- Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document; Provided the Court be satisfied that there is sufficient reach for the non production of the original. An expert may refresh his memory by reference to professional treatises. 160. Testimony to facts stated in document mentioned in section 159.-A witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.