Judgement

GOVINDA MENON, J.:- Special leave limited to the question whether the statements taken from the witnesses under S. 161 of the Criminal Procedure, Code, in the course of investigation in the connected case under the Arms Act, should not have been supplied to the accused for the purpose of his defence in the trial and whether the result of the trial has been materially affected thereby, was granted by this Court on 19th November 1956, in the petition for special leave to appeal from the judgment and order dated 26th September 1956, of the Punjab High Court in Criminal Appeal No. 407 of 1956. As a result, this appeal now comes up for final disposal.

2. On 12th December 1955, Mukhtiar Singh deceased, borrowed a mare from Wazir Singh (P. W. 5) for the purpose of going to Lakhewali Mandi and rode that animal. Late that night, his body was found on the boundary of a field within the area of Nand Garh, evidently having been murdered and the mare was missing. The father of the deceased made a report at the Police Station Muktsar where the complaint was made at 6 a.m. the next day. Pritam Singh (P. W. 26), who was the Station House Officer, Muktsar, at that time, took up the investig