Code of Criminal Procedure, 1973–Sec. 294(3)–Scope–Sub-section (3) provides that where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under the Code without proof of the signatures of the person to whom it purports to be signed–That is to say that if the authors of such document do not enter the witness box to prove their signatures, the said document could still be read in evidence–Further, under the proviso, the Court has the jurisdiction in it’s discretion to require such signatures to be proved–In the instant case, the documents filed by the Investigating Agency were all public documents duly signed by public servants in their respective capacities either as Investigation Officer or the Doctor conducting the autopsy or other police officials preparing the memos of recoveries etc.–Defence admitted the genuineness of these documents–Appellate Court was not justified in remanding the case with observing that the defence did not get a fair trial.
