SHIV NARAYAN KACHAWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the order dated 24.1.2001 whereby his application seeking copies of statement recorded by the police during the course of investigation has been rejected by the Civil Judge (Junior Division) and Judicial Magistrate No. 5, Ajmer.

(2.) THE brief facts of the case are that an accident occurred on 20.2.1996 between a bus and jeep. When the confirmation with regard to accident was conveyed to the Police Station, Christian Ganj, a formal FIR No. 55/96 was registered for offence under Sections 279, 137, 304-A IPC. Allegedly the investigation was carried out by three different police officers namely, Parma Lal (C.I.), the SHO Satyaveer Singh, Dy. S.P. (South) and by Birdi Chand, Dy. S.P. (North). During the course of investigation, the statements of some of the witnesses were repeatedly recorded under Section 161 Cr.P.C. Thus Bhairu Singh, Chotu Singh and Trilok Chand have given their statements both before Panna Lal (C.I.), the SHO and before Satyaveer Singh, Dy. S.P. (South). Hence, two sets of statements of these witnesses do exist. But to the dismay of the accused persons only one set of their statements has been submitted in the charge-sheet filed by the police. Since accused could benefit from the other set of statements given by these witnesses, therefore, he moved an application before the learned Trial Court requesting that copies of all the statements recorded by the two investigating officers from these witnesses should be supplied to him. However, vide order dated 24.1.2001, the said application has been dismissed. Hence, this petition before us.

(3.) IN the result, the order dated 24.1.2001 is quashed and set-aside. The learned Civil Judge (Jr. Division) and Judicial Magistrate, Ajmer is directed to call for the statements of Bairu Singh, Chotu Singh and Trilok Chand recorded by Panna Lal (C.I.), the SHO and by Satyaveer Singh, Dy. S.P. (South) and give a copy of these statements to the accused within a period of 2 weeks from the date of receipt of certified copy of this order.