1996 JLJ 274
Shacheendra Dwivedi, J.
Prithvi Singh Yadav and others v. State of M.P. and others
Cr. Revn. No. 86 of 1995; against the order passed by Shri S.C. Baser, Addl.
Judge to the Court of Sessions Judge, Morena, in Sessions Trial No.105 of
1993; Decided on 18.9.1995.
Section 173 of CrPC does not preclude the filing of a document at a later stage after the challan was filed. During the course of the trial if the prosecution thinks it necessary to file additional documents or the statements of the witnesses, which may be material and, therefore, seeks to rely on the sub-section (8) of this section does not prevent the prosecution from filing such documents, but it certainly casts an obligation on it, that when such documents are sought to be filed, the copies thereof must be supplied to the accused in advance so that the defence may not be taken by surprise and may be prepared to contradict or to make use of the same. An omission to file documents with the chargesheet is a mere irregularity curable under section 465, CrPC AIR 1947 PC 67 and AIR 1957 SC 737 relied on. [Para 8]
The only requirement is that copies of the additional documents should be given in advance to the accused. Hence when prosecution wants to file additional documents after challaning the accused, it cannot be objected to as there is no disabling provision which may prevent such a coursc,.1960 JLJ 150 = AIR 1959 MP 290 relied on. [Para 9]
naM çfØ;k lafgrk] 1973 & /kkjk 173 rFkk 465 & ds v/khu mica/k & pkyku Qkby fd, tkus ds i‘pkr~ vfHk;kstu }kjk dksbZ vU; nLrkost Qkby fd, tkus dk çfr"ks/k ugha gSa & ,slh vfu;ferrk dk mipkj ;ksX; gS & ,slh nLrkost dh çfrfyfi vfHk;qDr dks vfxze çnÙk dh tkuk pkfg,A
pkyku Qkby fd, tkus ds i‘pkr~ fdlh i‘pkr~orhZ çØe ij dksbZ nLrkost Qkby fd, tkus dk naM çfØ;k lafgrk dh /kkjk 173 ds v/khu çfr"ks/k ugha gSaA fopkj.k ds nkSjku ;fn vfHk;kstu vfrfjDr nLrkost vFkok lk{khx.k ds dFku Qkby djuk vko";d le>rk gS] tks rkfRod gks ldrs gSa] vkSj blfy, mudk voyac ysus dh bZIlk djrk gS] vfHk;kstu }kjk ,slh nLrkost Qkby fd;k tkuk bl /kkjk dh mi/kkjk ¼8½ }kjk çfrokfjr ugha gSa( fdarq fuf"pr gh blds }kjk ml ij ;g ck/;rk vf/kjksfir gks tkrh gS fd tc ,slh nLrkostsa Qkby djus dh bZIlk dh tk,] mudh ck/;rk vf/kjksfir gks tkrh gS fd tc ,slh nLrkostsa Qkby djus dh bZIlk dh tk,] mudh çfrfyfi;k¡ vfHk;qDr dks vfxze vo"; çnÙk dh tk,¡ ftlls çfrj{kk dks vkdfLed vkØe.k çrhr u gks vkSj og budk [kaMu djus vFkok budk mi;ksx djus dh rS;kjh dj ldsA vkjksii= ds lkFk nLrkost Qkby fd, tkus dk yksi ek= ,d vfu;ferrk gS tks naM çfØ;k lafgrk dh /kkjk 465 ds v/khu mipkj;ksX; gSA , vkb vkj 1947 ih lh 67 Fkk , vkb vkj 1957 ,l lh 737 voyafcrA ¿iSjk 8
,d ek= vis{kk ;g gS fd vfrfjDr nLrkostksa dh çfrfyfi;k¡ vfHk;qDr dks nh tkuk pkfg,A vr% tc vfHk;kstu }kjk vfHk;qDr dk pkyku djus ds i‘pkr~ vfrfjDr nLrkostsa Qkby djuk bZfIlr gks] ml ij vk{ksi ugha fd;k tk ldrk D;ksafd ,slk ekxZ viukus ds fy, dksbZ vlkeF;Zdkjh mica/k ugha gSaA 1960 ts ,y ts 150 & , vkb vkj 1959 e-ç- 290 voyafcrA ¿iSjk 9
1. This revision is preferred by accused persons against the order of the learned trial Court thereby it has allowed the application tiled by the prosecution on 5.4.95, seeking leave of the Court for accepting a document, i.e., an inland letter as an additional evidence and for exhibiting the same, through witness Padam Singh P.W. 6. The document was filed in the committal Court, on the next day of filing of the challan. The document (inland letter) is stated to have been written by the deceased lady Smt. Rekha to her father, witness Padam Singh.
2. The facts may be briefly summarised. 'The petitioners are facing a trial for the offences under sections 498-A, 304-B and 306 read with section 34 of I.P.C.
3. At the trial, the complainant Padam Singh, the father of the deceased-lady appeared as P.W. 6. During his examination-in-chief, the learned prosecutor wanted to get the above document (inland letter written by deceased) exhibited and proved, but the same was objected by the accused persons on the grounds; firstly, that no additional document could be received by the Court after the challan was submitted in Court and the copies thereof, were supplied to the accused persons under section 173, Cr.P.C. Secondly, the document was also not admissible in evidence as it was a ficticious and a forged document and was not seized by the police during investigation nor any reference about the document was made either in the F.I.R. or in the statements of the witnesses recorded by police during investigation.
4. On the same day, the prosecution had also tiled an application for taking on record the voter list of the year 1993, in the additional evidence. The learned trial Court rejected the application of the prosecution tiled under section 294, Cr.P.C. for allowing the voter-list to be tendered in evidence, but the learned Court allowed the application and prayer of the prosecution for taking document (which is an inland letter dated 3.1.93) on record as additional evidence and permitted the same to be exhibited and proved through complainant, Padam Singh (P.W. 6).
5. It is very forcibly contended by Shri Nizamuddin, counsel for the petitioners, that after the completion of the investigation and submission of the charge-sheet, with copies to the accused, no additional document can be allowed to be taken on record. The investigation is complete when the charge-sheet is filed in Court and additional evidence thereafter can be brought on record only by further investigation if permitted by the Court. It is also contended that the stated document was neither seized by the Investigating Officer during investigation nor was filed with the charge-sheet. There has been no mention of the document (the inland letter) either in the F.I.R. or in the statements of witnesses and, therefore, all the circumstances indicated that the document was fictitious and forged. It is also contended that such course adopted by the prosecution and also the leave granted by the trial Court was not legally permissible, as no further investigation was made by the police. It was lastly submitted that the act of taking document on record is highly prejudical to the interest of the accused-petitioners and, therefore, the order of the trial Court deserves to be quashed being illegal, arbitrary and against the provisions of section 173 (8), Cr.P.C.
6. The above contentions may appear to be attractive but are devoid of substance. firstly, I proceed to examine the facts of the case. The document sought to be tendered in evidence is an inland letter written by the deceased to her father, complainant Padam Singh (P.W. 6) on 3.1.93. It bears the postal seal of the place of posting, i.e., Morena and the date 4.1.93 as also the seal of the post-office of destination, i.e., Etawah and the date 9.1.93. It attracts the presumption of geruineness. According to the prosecution allegations in the case, it was for the non-compliance of the demand of dowry, that the deceased wa
2. Narayan Rao v. State of Andhra Pradesh = (AIR 1957 SC 737)
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