K.N.SINHA, J. - (1.) HEARD the learned Counsel for the revisionist and the learned A.G.A.
(2.) THE brief facts of the case are that accused/revisionist was summoned under Section 302 I.P.C. in Case Crime No. 63 of 2004, Police Station Fazalganj, Kanpur Nagar. The case was committed to the Court of Session for trial on the date of charge. The revisionist brought to the notice of the Court that copies of some statements and some documents have not been supplied with. The said application was rejected by the trial Court holding that this is not the stage for demanding the copy. The learned Counsel for the revisionist, has submitted that on the date of charge an application was moved on behalf of accused that statement of four witnesses and four papers, mentioned in the application have not been supplied with. The said application was rejected on the ground that it was not a proper stage for the supply of copy. The copy of the documents had to be supplied by the Magistrate under Section 207 Cr. P.C. in case the proceeding has been instituted on a police report. The present case at hand has been instituted on a police report and relates to Section 302 I.P.C. Section 207 Cr. P.C. lays down the provision for supply of copy of police report and other documents.
(3.) THE learned Counsel for the revisionist has invited my attention towards the copy of the application (Annexure -2) which shows that the statement of witnesses Ravindra, Jagtar Singh, Prati Pal Singh and Surjeet Singh have not been supplied to him besides the inquest report, post -mortem, G.D. and memo of carrying the dead -body etc. Section 207 (iii) lays down that copy of the statements recorded under sub -section (3) of Section 161 Cr. P.C. of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part, in regard to which a request for such exclusion has been made by the police officer under sub -section (6) of Section 173 Cr. P.C., shall be supplied. The copy of the statement of witnesses Ravindra, Jagtar Singh, Prati Pal Singh and Surjeet Singh has to be supplied firstly, if their statements have been recorded under Section 161 (3) Cr. P.C. and secondly, if the prosecution proposes to examine them as witness.;