Criminal Procedure Code, 1973, Section 311 -- Unexamined prosecution witness - Can be examined as defence witness - Such witness cannot be examined as prosecution witness at the behest of accused...........
Criminal Procedure Code, 1973, Section 311 -- Witness - Recall - PWs examined - Accused thereafter obtaining affidavits from PWs to the effect that they had deposed falsely - Request of accused to recall the PWs rightly dismissed - It is evident that affidavits were procured by giving some allurement - Accused was making mockery of process of law...........
Criminal Procedure Code, 1973, Section 311 -- Arguments heard and case posted for judgment - Even at that stage Court can allow evidence to be led if such evidence is essential for just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Nothing extra ordinary stated by witness on the basis of which further cross examination of the witness has been sought - Recall of witness is merely for the purpose to delay the conclusion of trial - Application dismissed...........
Criminal Procedure Code, 1973, Section 311, 256 -- Witness - Summoning of a witness whose name is not mentioned in the list of witnesses - Court has discretion to call an additional witness at any stage for just and proper decision of the case...........
Criminal Procedure Code, 1973, Section 311, 482 -- Summoning of medical jurist - Evidence of medical jurist essential in case - Medical jurist ordered to be summoned as a witness...........
Criminal Procedure Code, 1973, Section 311 -- Material witness not examined - Advocate sought to be examined who served the legal notice - If material witness is left out due to inadvertence or negligence, Court's function is to render just decision by examining him and no prejudice will be caused to the accused...........
Criminal Procedure Code, 1973, Section 311 -- Material witness not examined - Advocate sought to be examined to prove legal notice served by him - Earlier an application u/s 311 Cr.P.C. for adducing additional evidence by allowing complainant to appear as his own witness to prove the service of legal notice dismissed - Held, for just decision of the case it is essential to..........
Criminal Procedure Code, 1973, Section 311, 482 -- Summoning of doctor as defence witness - Application rejected - Order passed without considering substance of application as also provision of law - Order not revealing how much time had already been given to accused - Evidence of doctor essential for just decision of case - Trial Court directed to decide application..........
Criminal Procedure Code, 1973, Section 311 -- Order to summon doctor by warrant of arrest - Prosecution not making any effort to produce that witness despite number of adjournments - No justification to make such an order on second application of prosecution...........
