RAM SHARAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Notice was given to the learned Public Prosecutor.

(2.) In the course of their trial for offence under sections 302, 149IPC the petitioners requested the trial court to direct the prosecution to deliver the copies of the statements of such witnesses, who were neither cited as prosecution witnesses in the list of witnesses, submitted along with the report under section 173 Crimial P.C. nor were their statements, recorded under section 161 Crimial P.C. relied upon by the prosecution. The learned lower court declined to order the supply of the copies of such statements to the petitioners on the ground that the prosecution had not relied upon the statements of those witnesses.

(3.) It was submitted that the charge, framed against the petitioners, was quite serious and, therefore, to enable them to defend them properly it was in the interest of justice that the copies of the statements of such witnesses who were though examined under section 161 Crimial P.C. by the Investigating Officer yet they were not cited as prosecution witnesses in the list of the witnesses should be supplied to them. The learned Public Prosecutor has, however, submitted that since the prosecution had not relied upon the statements o f the witnesses named in their application dated 10.7.1997 by the petitioners, the prosecution was not obliged to either submit the statements of those witnesses along with the report u /s. 173 Crimial P.C. or to supply the copies thereof to the petitioners u /s. 207 Crimial P.C.