BHONDU Vs. REX

JUDGEMENT

(1.) The following questions have been referred to us for decision by a learned single Judge of this Court: 1. When does an investigation by the police start? Is it immediately after the registration of the case by the police or when it starts to ascertain the actual offence and the culprits thereof?

(2.) If after the first information report the complainant hands over a list of the stolen property to the Sub-Inspector as soon as he arrives on the spot for investigation, is such a list inadmissible in evidence under Section 162, Criminal P.C.? 2. The facts necessary for a proper decision of the questions involved are these. On the night between 13 and 14 August 1946, a burglary took place at the house of one Mohammad Yusuf in the town of Saidpur, district Ghazipur. He discovered it in the morning and sent a slip to" the police informing it of the theft. No suspicion was expressed against any one in the slip; nor was the list of property stolen given in it. It was as follows: Compliments. A theft was committed in my female apartment last night. Four or five boxes are lying open in a field to the east of the house. The articles with cash and. ornaments, kept in them, are missing. Submitted for information.

(3.) After making this report Mohammad Yusuf prepared a list of stolen property which is Ex. P-2. Mohammad Yusuf stated that he was taking the list to the police station when the Sub-Inspector arrived and then he gave the list to him. The Sub- Inspector also corroborated the statement of Mohammad Yusuf and stated that the list had been handed over to him when he went to the village for investigation. Thus, the list was given to the Sub-Inspector before he actually recorded the statement of any witness in connection with the investigation of the case. The question is whether the list was inadmissible because it had been given to the police officer after the first information report had been lodged and after the police officer had started from the police station and had gone to the village for investigation of the crime.