LexBALESHWAR RAI AND OTHERS versus THE STATE OF BIHAR
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+ 2 s.c.R. SUPREME COURT REPORTS 433 BALESHWAR RAI AND OTHERS v. THE STATE OF BIHAR · (K. C. DAS GUPTA, J. R. MuDHOLKAR and T. L. VENKATARAMA AIYAR, JJ.) Criminal Procedure-Statement ma<ie to investigating officer-I/ ana when barred from being proved: in evi<lence- "Tlie ptriod 'a/ inveeligation" and «Course of investigation"- !/, Synonymous-Code of Criminal Procedure (Act V of 1898), s. 162. Section 162 of the Code of Criminal Procedure only bare proof of statement made to an investigating officer dur- ing the course of investigation. It does not say that every statement made during the period of investigation is barred from being proved in evidence. For a statement to come within the purview of-s. 162, it must not merely be made during the period of investigation but also in the course of investigation. The two things, "the period of investigation" and ~'Course of investigation" are not synonymous. Section 162 is aimed at statements recorded by a Police Officer while investigating into an offence. This is clear from the opening words s. 162. They speak only of statement made to a police officer during the course of investigation. This implies that the statement sought , to be ei<cluded from evi- dence must be ascribable to the enquiry conducted by the investigating office and not one which . is de-hors the enquiry. CRIMINAL APPELLA·rE JumsnrnTION: Crimmal Appeals Nos. 176 to 178 of 1961. Appeals by special leave from the judgment ~ and order dated Au~ust 10, 1961, of the Patna High Court in Cr. A. No. 152 of 1961 and Dea.th Reference No. 3 of 1961. Bushil Kumar Jha, Bubodh Kumar Jha and R. 0. Praakad, for the appellants. O. K. Daphwry, Solicitor General of India and 8. P. Verma, for the respondents. ' - iftWil 26.1 19'Z BaUst-VKir Ro/ "' 7/,. S1<u, .j B;lw 434 SUPREME OOURT REPORTS (1963) 1962. April 26. 'fhe J u-lgment of the Court was delivered by :- MunHOLK.A.R, J.-This judgment will govern Criminal Appeals nos. 177 ap.d 178 also. All these three appeals arise out of the same trial. The learned Additiona.l Sessions Judge, Monghyr who oonduoted the trial convicted the appellant, Ram- oha.ndra Chaudhary who is appellant in Criminal Appeal No. 177 of 1961 for an olfence under s. 302 Indian Penal Code. He also oonvioted B~leshwar Re.i alias Nepali Master, appellant in this appeal and Jogendra Che.udhary, appellant in Criminal Appeal No. 178 of 11161 of a.n olfenoo under s. 302 read with s. 34, India.n Penal Code. He sentenced each of the three to dee.th. Their appeals were dis· missed by the High Court of Patna, and sentenoes of death passed against them were confirmed by it. They have come up before this .Court by special leave. The prORecntion story is briefly as follows :- On March 17, 1959 at about l!.00 p.m. the chaukidars of the village Fateha had &111embled, as usual, in the 'crime centre' of the v~llage. Their names are-Anandi Paswan, (deoeaaed), Misri Pas- wan (P.W.2), Baleshwar Paswan (P.W.3) a.ud Na.rain Paswan. Anandi Pe.swan a.nd Misri Paswan were lying on a chouki. Anandi Paswan had a 'bhala' and a •murethe.' while Misri Paswan had a •pharaa' and I\ 'muretha'. These weapons as well as the shirt of the deooased were kept on the ohouki. The other two choukidars were lying on the ground. The crime centre is housed in the 'de.Ian' of Tilak. Cha.udhary (P.W.6). One other person, Srili.l Che.udha.ry, ( f' .W. 7), the brother of Tila.k Chaudhary, was also lying there on the khatia on the north-east of the aa.id 'dalan'. In an a.dja.cent room were P.W.11 Nathuni Cliaudhary alias Durga Das and P.W.12 Ramcha.n- der Jha. • . " ' i 2 S.C.R • SUPREUE COURT REPORTS ___ -435- According to the prosecution a little ·before 9.00 p.m. someone from outside called out '•Daroga· ji". On hearing this, the deceased Anandi Pa.swan and llfisri Pa.swan got up. It was a ~oonlit night and they saw Ramchander · Chaudhary, Jogendra Chaudhary and another person, who was later identi· fled to be Ne[Jali .!\faster, standin~ closeby. As soon as they went towards the appellants, Jogendra Chaudhary and Nepali l\Iaster caught the deceased whilfl Ramchandra Chaudhary caught Misri Pa.swan. Both Ramchandra Chaudhary and Jogendra Chau· dhary had guns with them which were slung across their shoulders. TheM three persons then took the deceased and .Uisri Pa.swan to the road to the East of the 'dalan', running north to south, and proceed· ed southwa
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