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1958 Supreme(All) 107

A.P.SRIVASTAVA
TILKA AND ORS. – Appellant
Versus
STATE – Respondent


Advocates Appeared:
T.Rathor

A. P. SRIVASTAVA, J.

( 1 ) THE applicants made a certain complaint against one Munshi Singh, a police officer, and on the basis of that complaint Munshi Singh was tried under Section 7 of the Police Act. Certain witnesses were examined in that case and deposed about certain incidents. Subsequently the applicants were challaned for offences punishable under Sections 147 and 323, 325 and 332 read with Section 149,. P. C. and the same witnesses who had been examined in the proceedings under Section 7 were examined in the criminal trial. The applicants wanted to cross-examine those witnesses on the basis of their previous statements made in the proceedings under Section 7 of the Police Act as it was their case that the witnesses while giving evidence at the trial were stating things, which were directly contradictory to what they had stated in the course of the proceedings under Section 7 of the Police Act. For the purpose of confronting the witnesses with their previous statements and in that way contradicting them, the applicants summoned the record of the proceedings under Section 7 of the Police Act which contained the previous statements of the witnesses. The record was summoned f















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