B.N.Katju, J. - (1.) The question that has been referred to us for decision is: Can an injury report filed by the prosecution which has been admitted to be genuine by the accused, be read as substantive evidence under Section 294(3), Cr.P.C.?
(2.) Section 294, Cr. P.C. runs as follows: 294(1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. (2) The list of documents shall be in such form as may be prescribed by the State Government. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person by whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved.
(3.) The word 'document' is not defined in the Code of Criminal Procedure, but in view of Section 2(y), Cr. P.C. words and expressions used in the Code, which are not defined in the Code, but defined in the Indian Penal Code, have the meanings respectively assigned to them in that Code. The word 'document' is defined in Section 29, I.P.C., which is as follows: The word "document" denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter. Explanation I.- It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not....;