Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Withdrawal from testimony - Long history of enmity between the families of complainant and accused - At least seven persons from both sides murdered - Parties entering into compromise with intervention of 40 village Panchayats - Application to recall witness allowed for further cross examination in order..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If the Court finds that the new evidence is essential to the just and proper decision of the case, it is obligatory to admit it at any stage of the proceeding, however, late...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Rejection of application - Order is not revisable - Order can be set aside under Article 227 of the Constitution of India...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - No justiciable reason - Recall cannot be for filling up the lacuna - Application dismissed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - A witness when examined and cross examined cannot be recalled though that witness had given an inconsistent statement before any other Court or forum subsequently - A witness can only be confronted with a previous statement made by him...........
Criminal Procedure Code, 1973, Section 231, 311, Evidence Act, 1872, Section 145 -- Recall of a witness on the basis of subsequent affidavit - Not to be allowed as it will be in violation of the provision of S.145 Evidence Act...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - A witness can be recalled for further examination if it is essential to the just decision of the case - The provision is not limited for the benefit of the accused - It will not be an improper exercise of power of court to summon a witness because the evidence supports the case of prosecution and not that..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Sole eye witness - Denial of cross examination of such a witness shall seriously prejudice right of accused to advance his defence - Opportunity given to cross examine witness...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for cross examination - Witnesses attended Court for more than 3 years - Defence counsel not present - Opportunity to cross examine given - Application for recall of witnesses for cross examination dismissed - Held, that petitioners adopted delaying tactics so that PW's were put to maximum harassment - Trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Bank witness produced but through oversight the dishonoured cheque and memo issued by Bank not exhibited - It is a case of oversight and not an attempt to fill in the lacuna - Production of cheque and memo is necessary for the just decision..........
