EMPEROR Vs. BANSIDHAR

JUDGEMENT

(1.) This is a reference made by the learned Additional Sessions Judge of Etawa recommending that a conviction by a Bench of Magistrates which has been upheld by the District Magistrate should be quashed and the sentences set aside. The facts are not of importance. The reference is made on the ground that the Bench Magistrates refused the. applications made by the accused under Section 162, Criminal P. C, to be supplied with copies of the statements made by the witnesses for the prosecution to the police. . . . .

(2.) The application made to the Bench for copies of these statements was rejected after the Magistrates had perused the police diaries on the ground that what was recorded in the diaries consisted not of the statements of the witnesses at. length but merely of a memorandum of such statements taken down by the investigation officer.

(3.) Under proviso. 1, Section 162 (1), Criminal P. C: When any witness is exiled for the prosecution in such an enquiry or trial whose statement has bean reduced into writing as aforesaid the Court shall on the request of the accused .... direct that the accused be furnished with a copy thereof in order that any part of such statement if duly proved may be used to contradict such witness...