' The petitioner along with Babar Pervez, is an accused person in a case under section 302/34, P. P.
C., now being tried by the learned Additional Sessions Judge, Multan. His grievance seems to be that he has been supplied only the statements (recorded under sections 161 and 164, Cr. P. C.) of those witnesses whose names appear in the challan filed in the Coart against the petitioner.
2. The learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled to the statements of not only the prosecution witnesses whose names appear in the challan but to the statements of all the witnesses which have been recorded under sections 161 and 164, Cr. P. C.
The contention has force. From the provisions of sections 162, 241(a) and 265(c), Cr. P. C. It appears that an accused person is entitled not only to the statements of witnesses for the prosecution whose name appear in the challan but to the statements of all the witnesses whose statements have been recorded under sections 161 and 164, Cr. P. C., except that if any statement or a part thereof is not deemed in public interest to be disclosed, or that which tends to incriminate a witness may he withheld. Apart from this rider, an accused person, in the interest of a fair trial, is entitled to the statements recorded as aforesaid.
3. The learned counsel argues that a copy of the statement of one Arshad laved alias Jaida was not supplied to him apparently on the ground that such a statement was made by him as an accused person. The learned counsel relies on Pakala Narayana Swami v. Emperor (1). To this extent the proposition of law is unexceptionable that a statement of a witness cannot be refused on the ground simpliciter that later on he also becomes an accused person. However, while interpreting the ambit of section 162, Cr. P. C. The Privy Council lay down the precept that if a statement or a portion thereof has a tendency to inculpate the witness, that statement or the Portion of the statement does not come within the ambit of section 162, Cr. P. C. Under the circumstance, it is therefore held that the petitioner as an accused person is entitled to all the statements made under sections 161 and 164, Cr. P. C. To this general rule, there are two exceptions :-
(i) that any statement or a portion thereof whose disclosure is against public interest, may be withheld ; (10 that any statement or a portion thereof that inculpates the witness in any manner may also be withheld.
4. The learned counsel contends that the petitioner is entitled to th statements made under sections 171 and 164, Cr. P. C. Before any Investigating Agency. The contention has force.
Whatsoever may be the police B agency, if a statement is recorded under sections 161 and 163, Cr.
P. C. An accused person is entitled thereto subject to the two provisos that have been laid down above.
5. With these re marks this revision petition is disposed o.
(1) AIR 1939 P C 47