Law: Evidence Act (I of 1872)

Section: 145

  Evidence Act (I of 1872)   S. 145-Court to make a note that witness was confronted with previous statement-Witness confronted with, but repudiating portion of his police statement Police Officer recording statement should be questioned specifically with regard to that portion.   Section 145 of the Evidence Act, 1872 requires that if it is intended to contradict a witness by a previous statement made by him in writing or reduced into writing, his attention must before the writing can be proved, be drawn to those passages which are to be used for the purpose of contradicting him. The fact that the witnesses were so confronted with the statements used to contradict them should be made apparent on the face of the record. In other words, the Court should make a note showing clearly that the attention of the witness was drawn to the statement in question.   In every case where a witness is confronted with a portion of his police statement which be repudiates, the police officer recording his statement should be questioned specifically with regard to that portion of the statement. The practice of merely asking the police officer perfunctorily whether a particular document represent the witness's statements as a whole cannot but be condemned.   Dates of hearing : 25th March, 1959.   JUDGMENT   ORTCHESON, J.-This is an appeal from the order of Mr. Muhammad Ilyas Kazi, Sessions Judge, Jacobabad, dated 30th October 1958, convicting Shahnawaz, aged 25 years, Ghoso aged 22 or 35 years, and Dino aged 22 or 30 years, under section 302/34, P. P. C. and sentencing them to death for the murder of one Gul Sher. A fourth accused, Ghulam Ali, is, or was, absconding. The case is also before us under section 374 of the Criminal Procedure Code for confirmation of the death sentences.   According to Abdul Karim, the appellants are inter related, Shahnawaz's female cousin being married to Muradali, uncle of Ghoso. The relationship between Shahnawaz and Dino and between these appellants and Ghulam Ali, absconder, is not specified.   The prosecution case, as related by Abdul Karim, P. W. 5 is that there was previousenmity between the…