A. S. SARELA, N. G. SHELAT, J.

( 1 ) 9 With regard to the evidence of Gulabrai it was urged by Mr. Mankad the learned advocate appearing for respondent No. 1 that his statement recorded by the investigating officer in the case was not supplied to the accused as is required under sec. 173 sub-sec. (4) of the Criminal Procedure Code and that consequently the probative value of his evidence would be materially affected. Sub-sec. (4) of sec. 173 of the Criminal Procedure Code provides as under:-AFTER forwarding a report under this section the officer in charge of the police station shall. before the commencement of the inquiry or trial furnish or cause to be furnished to the accused free of cost a copy of the report forwarded under sub-sec. (1) and of the first information report recorded under sec. 154 and of all other documents or relevant extracts thereof on which the prosecution proposes to rely including the statements and confessions if any recorded under sec. 164 and the statements recorded under sub-sec. (3) of sec. 161 of all the persons whom the prosecution proposes to examine as its witnesses. The provision no doubt requires the prosecution to furnish the copies of the statem

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