T.U.MEHTA - (1.)[His Lordship after narrating the facts on the case which led to the death of one person and injury to another who were alleged to be connected with smuggling of silver further observed: ]
(2.)The next day i.e. on 21st February 1971 the investigation proceeded further and during the course of this investigation the accused is said to have given a cross complaint as found at Ex. 102. One of the questions which is debated in this appeal is whether this cross complaint amounts to a statement recorded by the police during the course of the investigation of this case and if so whether it is admissible. ............ ............... ................
(3.)Another controversial point which is involved in this appeal is as regards the admissibility of the cross complaint found at Ex. 102. Here the contention of the defence is that this document is really speaking a statement of the accused recorded by the investigating officer during the course of the investigation of this case and therefore it is not admissible in evidence. On this point the learned trial Judge has held in favour of the prosecution because according to him this document does not amount to a statement of the accused but rather amounts to an independent cross complaint made by the accused when he was in police custody. ......... ........... ............. [ His Lordship further observed: ]
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