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Gujarat High Court · body

1987 DIGILAW 79 (GUJ)

HAMIDULLA BISMILLAKHAN NAVAB v. STATE

1987-09-03

D.C.GHEEWALA, J.P.DESAI

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J. P. DESAI, J. ( 1 ) XXX xxx xxx ( 2 ) XXX xxx xxx ( 3 ) XXX xxx xxx ( 4 ) XXX xxx xxx ( 5 ) XXX xxx xxx ( 6 ) XXX xxx xxx ( 7 ) XXX xxx xxx ( 8 ) XXX xxx xxx ( 9 ) XXX xxx xxx ( 10 ) XXX xxx xxx ( 11 ) XXX xxx xxx ( 12 ) XXX xxx xxx ( 13 ) XXX xxx xxx ( 14 ) XXX xxx xxx ( 15 ) XXX xxx xxx ( 16 ) XXX xxx xxx ( 17 ) BEFORE parting with this judgment we are constrained to observe here that the learned Addl. Sessions Judge committed an error in bringing on record in the evidence of P. S. I. Sajjansinh Parmar p. w. 19 exh. 71 what came to the knowledge of the said officer during the investigation of other Sessions case. In the evidence of said P. S. I. it is stated at para-3 as follows : p. S. I. should not have permitted to state in the evidence recorded in Sessions Case No. 6 what came to his knowledge during the course of the investigation of other case. The learned Judge fell in to error in allowing this to be brought on record of this case. It is also stated by P. S. I. Sajjansinh Parmar at para-4 as follows: this is also not permissible. Any part of a statement of a witness before the In- vestigating Officer can be brought an record only by way of contradiction as per Section 162 of the Code that came to the knowledge of the Investigating Officer while recording the statement of a witness cannot be allowed to be brought on record as allowed in the present case by the learned Addl. Sessions Judge. A question is first required to be put to the witness about the contradiction if any between the evidence of the witness and his statement recorded by the Investigating Officer and it the witness denies then that contradiction has to be proved by the evi- dence of Police Officer who has to look into the statement of the witness and give reply in that regard. A general statement as is brought on record at para-4 of the deposition of P. S. I. could not and should not have been permitted. A general statement as is brought on record at para-4 of the deposition of P. S. I. could not and should not have been permitted. ( 18 ) XXX xxx xxx Order accordingly ( 19 ) .