- (1.)THE matter is finally heard with the consent of the parties. This petition is filed u/s 482, CrPC by the accused persons, who are facing trial for committing offence under sections 307, 147, 148, 149, 323, 504 and 451, IPC in the Court of Additional Sessions Judge, Gohad.
(2.)THE accused persons have filed an application before the Sessions Court for supply of copy of the statements of the witnesses, which were earlier recorded by the Police. The Investigating Officer is present today.
He submits that in the investigation, he has recorded the statements of the witnesses twice, and on the basis of the first statements recorded by the investigating Officer, the FIR was submitted. However, after second investigation, the statements of the witnesses were again recorded and challan was filed. Alongwith the challan, the copies of the statements of the witnesses recorded in second time were filed, but the copies of the first statements are not filed. The trial Court rejected the said application by order dated 27.6.2003 and refused the prayer of the accused petitioners to supply the copies of the statements recorded earlier.

(3.)AFTER considering Section 173(5)(b), CrPC, I find that it is necessary for the police to supply the copies of all the statements of the witnesses recorded earlier by the police. This Court in the cases of Bharat v. State of M.P. (2000 (I) MPWN 144) and Anandilal v. State of M.P. (1999 (II) MPWN 166) and the Delhi High Court in the case of S.J. Chowdhary v. State (1984 Cri.L.J., 864) have held that it is necessary for the prosecution to supply all the copies of the statements of the persons whom the prosecution proposes to examine as its witnesses during trial and on their statements on which the prosecution proposes to rely for proving charge against an accused person. Thus, the prosecution is bound to supply copies of the statements of the witnesses whom the prosecution wants to examine and not the statements on which the prosecution relies.