Law:

Section:

Criminal Procedure Code (V of 1898), Ss. 161 and 162­Record of joint statement of several persons-Copy may not be refused. The investigating officer recorded a statement jointly of five persons. The accused asked for a copy of statement of one of those persons when he was under cross-examination. Copy was refused on ground that the statement was a joint one with four other persons. Held, there is no reason why the accused should be deprived of the benefit that he may derive from confronting the witness with his previous statement simply because other witnesses have made a similar statement. It may be possible for the prosecution to argue, in the circumstances of a particular case, that in the consolidated statement the statement of one person may have been attributed to another. That is a matter to be decided in accordance with the facts of each case and would not affect the admissibility of the statement. Abdul Ghani Musalli v. The Crown P L D 1954 Dacca 15 mentioned. JUDGMENT B. Z. KAIKAUS, J.-This is an application in revision against the order of the learned Additional District Magis­trate, Sargodha, who has refused the application of the accused in a case under section 302 P. P. C. for a copy of the state­ment of Amir Ali P. W. The case against the petitioner is that while he was posted as Sub-Inspector of the C. I. A. at Sargodha he was respon­sible for causing the death of Ahmad, a suspect. One Amir Ali, who was a Muharrir attached .to the C. I. A. police post, at Sargodha, has appeared as a witness in the case against him and has stated that on the night when Ahmad deceased is said to have .been killed he was awakened at midnight by some constable. He found that Ahmad was lying dead and the dead body was subsequently removed by some constables. While the witness was under cross-­examination, the petitioner's counsel wanted to confront him with a statement already made by him to the effect that no suspect had been brought to the C. 1. A. Police Post on the night in question. A copy of this statement was refused by the learned Additional District Magistrate on the ground that the statement in the Zimnis was a joint statement of a number of persons and…

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