LexHANUMAN RAM versus THE STATE OF RAJASTHAN AND ORS.
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[2008] 14 S.C.R. 348 I- A HANUMAN RAM """ II. ti ~ THE STATE OF RAJASTHAN AND ORS. ~ (Criminal Appeal No. 1597 of 2008) B OCTOBER 13, 2008 [DR. ARIJIT PASAYAT AND J.M. PANCHAL, JJ.] Code of Criminal Procedure, 1973 - s.311 - Scope and ~· \C object of - Recalling/re-examination of witness - Held: Once ~~ c the witness is examined in-chief and cross-examined fully, such witness should not be recalled and re-examined to deny the evidence he had already given before Court, even though that witness had given an inconsistent statement before any other Court or forum subsequently - Penal Code, 1860 - ss. 147, D 452, 364, 3021149 and 2011149. Accused-Respondents 2 and 3 were facing trial u/ • ss.147, 452, 364, 302/149 and 201/149 of IPC. Various wit- y nesses including ·PWs 3 & 5 were examined and cross- examined in the case. PWs 3 & 5 were subsequently ex- E amined as prosecution witnesses before the Juvenile Court as well in which one accused who claimed to be minor was tried. Respondents 2 and 3 filed application before the Trial r F Court in terms of s.311 CrPC praying that PW5 and PW3 be re-called for cross-examination afresh with reference . :,Jo t to their statements before the Juvenile Court. The appli- /i~ cation was rejected. Respondents 2 and 3 filed petition under s.397 r/w s.401 of CrPC. The High Court allowed the petition and directed the Trial Court to re-call and re- G examine PWs 3 & 5. Hence the present appeal. Allowing the appeal, the Court e HELD:1.1. Section 311 of CrPC is manifestly in two A-1- parts. Whereas the word used in the first part is "may", H 348 HANUMAN RAM v. THE STATE OF RAJASTHAN 349 .. AND ORS . -... the second part uses "shall". In consequences, the first A - "'" part gives purely discretionary authority to a Criminal Court and enables it at any stage of ari enquiry, trial or proceeding under the Code (a) to summon any one as a witness, or (b) to examine any person present in Court, or (c) to recall and re-examine any person whose evidence B has already been recorded. On the other hand, the sec- ond part is mandatory and compels the Court to take any -.Jf_ of the aforementioned steps if the new evidence appears to it essential to the just decision of the case. This is a supplementary provision enabling, and in certain circum- c stances imposing on the Court by duty of examining a material witness who would not be brought before it. It is couched in the widest possible terms and calls for no limi- tation, either with regard to the stage at which the powers of the Court should be exercised, or with regard to the D manner in which it should be exercised. It is not only the ... '-r prerogative but also the plain duty of a Court to examine such of those witnesses as it considers absolutely nee- essary for doing justice between the State and the sub- ject. There is a duty cast upon the Court to arrive at the E truth by all lawful means and one of such means is the examination of witnesses of its own accord when for cer- . tain obvious reasons either party is not prepared to call witnesses who are known to be in a position to speak .. important relevant facts. [Para 6] [354-C-G] F "J. 1.2. The object underlying s.311 of CrPC is that there \ may not be failure of justice on account of mistake of ei- ther party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses ex- amined from either side. The determinative factor is G whether it is essential to the just decision of the case. The section is not limited only for the benefit of the accused, ·.,.s.\ and it will not be an improper exercise of the powers of the Court to summon a witness under the Section merely because the evidence supports the case for the prosecu- H 350 ·SUPREME COURT REPORTS [2008] 14 S.C.R. - . ' ' A· tion· and nc:>t that of the accused .. The section is.·a general . ·:...I' ' section whieh applies 'to all: .proceedings; ·enquires' anc;f:: '' ':.: 7 ~ trials under the Code ,~ild .empowers .Magistr~te t~>:issue: '" · ... . summonsld .. any witness~~t:any'.stage~.()f sµch: pr;oc:eed- · .. · ''. ' r- ings,'frial' or ·~nquhy. Jn 5~311.the signifi~ant expression B that occur$ is nat anysta·ge C,)f inquir)t ortri~I o.r~other.J)ro;.: · .. · · · · ceeding under this Code·;~~ It' is, however,' to be··. borne .in mind that Whereas the :.sectiott confers a very wide power on .~he ,qoyrt.''oo su
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