The accused's right to access statements recorded under Section 161(3) is essential for a fair trial, and failure to provide these documents violates procedural justice.

JUDGMENT :

J.J. MUNIR, J.

1. This application under Section 482 Cr.P.C. (‘Code’ for short) seeks to quash an order dated 16.03.2023, by which the prosecution evidence has been regarded closed and a direction given that the case may come up for recording the statement of the accused under Section 313 of the Code. It is not this order that substantially aggrieves the applicant. The applicant is aggrieved by the non decision of his application dated 21.11.2022, before passing the order impugned. The applicant, in substance, therefore, seeks that before the Court would direct that the prosecution case is over and the accused statement under Section 313 of the Code recorded, the applicant, who is an accused at the trial, is entitled to a decision on his application, above referred.

2. The applicant is one of the accused facing trial before the learned Additional Sessions Judge, Court No. 4, Ghazipur in S.T. No. 219 of 1987, State vs. Kanhaiya and Others (arising out of Case Crime No. 227 of 1986), under Sections 147, 148, 149, 302 IPC, P.S. Dildarnagar, District Ghazipur.

3. According to the applicant, the first information report giving rise to the crime was lodged on 25.09.1986 at 11:30 a.m. while the incident took place on 25.09.1986 earlier in the day at 08:30 a.m. There are three nominated accused in the FIR, to wit, Kanhaiya Singh, Hridaya Narayan Singh and Sheshnath Singh alias Shishu, besides two men unnamed. The first information version is that the informant, Satish Kumar, was a resident of Ward No. 5, P.S. Dildarnagar, District Ghazipur. In one of his houses, about 7-8 years ago, Brij Narayan Singh of Village Gohda, P.S. Dildar Nagar, District Ghazipur used to live. Brij Narayan was a Goonda and a man of criminal propensities. In the neighbourhood, people were scared of him. The informant’s father asked Brij Narayan Singh to vacate his house, upon which, the former refused.

4. About 5-6 years antedating the FIR under reference, Brij Narayan Singh was murdered. The informant’s father was arraigned in the case relating to Brij Narayan Singh’s murder, but upon trial, was acquitted. The informant’s house, nevertheless, remained in the occupation of Kanhaiya Singh, Brij Narayan Singh’s brother.

5. About 7-8 days prior to the occurrence, the informant’s father locked the house aforesaid. Kanhaiya Singh threatened the informant’s father over locking the house, telling him that he better open the lock, else he would be done to death. The informant’s father did not yield and refused to remove the lock. On 25.09.1986, the informant’s father, Murat Sahu and his uncle Madan Lal were proceeding to the District Magistrate’s office to complain regarding the threat held out by Kanhaiya Singh and also to buy supplies for their shop. They had proceeded from Dildarnagar to the railway station, reaching there at 08:30 in the morning and boarded the train. Kanhaiya Singh, Hridaya Narayan Singh, Sheshnath Singh alias Shishu and two other men, whom the informant did not know, but said that he could identify them if confronted, entered the railway coach. Kanhaiya Singh, Hridaya Narayan Singh and Sheshnath Singh alias Shishu were armed with guns and the two other men, who belonged to Kanhaiya’s family, were unarmed. Kanhaiya Singh came forward abusing the informant’s father, caught hold of him, dragging him out of the coach. The passengers on board objected. Kanhaiya Singh warned the passengers that if they attempted to resist, they would be shot. This abated all resistance from the passengers, out of fear. In the meanwhile, the train moved. Kanhaiya Singh exhorted his companions to shoot the informant’s father, whereupon Seshnath Singh alias Shishu shot the victim. All the five men jumped off the train and made good their escape. The informant’s father collapsed and after a little while, passed away. Some passengers on board were nominated as witnesses, whose names figure in the FIR. As soon as the applicant came to know that he was nominated in the