In Re: Maruthamuthu Kudumban

Wallace, J.—The investigation u/s 174 of the Code of Criminal Procedure is made by the police officer, and the statements are, therefore,

statements made to a police officer ""in the course of an investigation under the chapter"" u/s 162 of the Code of Criminal Procedure. The fact that

the inquest is held in the presence of two or more respectable inhabitants does not render the statements taken there any the less statements made

to a police officer. Such statements are therefore not public documents of which accused is entitled to a copy and the procedure which governs the

grant of copies of statements u/s 162 of the Code of Criminal Procedure governs also the grant of copies of statements made at the inquest.

The latest ruling of this Court on this subject is reported in Peramasami Rayudu, In re (1925) 22 LW 784.

As to the post-mortem certificate, I can see no objection to the grant of a copy of that and in practice I think that when the medical officer is not

examined at the beginning of the enquiry, a copy of the post-mortem), certificate ought to be given to the accused for the purpose of enabling him

to conduct his defence. The same remark will apply to the inquest report (excluding statements therein) when the investigating police officer is not

examined at the beginning of the enquiry.

With these remarks the petition is dismissed.