What are the conditions under which a court can recall and re-examine a witness under Section 311 of the Code of Criminal Procedure? What is the significance of the witness's demeanor in the trial court's decision regarding a Section 311 Cr.P.C. application? What are the principles guiding the exercise of power under Section 311 Cr.P.C. to ensure a just decision in a case?

Key Points: - The Supreme Court held that the High Court's order directing the trial court to allow re-examination of a witness under Section 311 Cr.P.C. was set aside, and the trial court's order dismissing the application was restored (!) . - The Court found no bonafides in the application for re-examination, as the witness merely alleged coercion and threat without immediate substantiation (!) . - The trial court's observation of the witness's demeanor while tendering evidence was considered crucial in its decision to dismiss the application (!) . - The Court emphasized that the power under Section 311 Cr.P.C. is wide but must be exercised judiciously and with extreme care and caution to achieve a just decision (!) . - The primary object of Section 311 Cr.P.C. is to enable the court to discover all relevant facts and obtain proper proof to arrive at a just and correct decision (!) (!) . - The exercise of power under Section 311 Cr.P.C. should not be used to fill up lacunae in the prosecution or defense case, unless it results in serious prejudice to the accused (!) (!) . - The Court noted that the High Court passed its order without impleading the appellant and on the first hearing date, ignoring the trial court's detailed reasoning (!) . - The witness's earlier statement to the police was contradicted by his later deposition in court, where he claimed to have fallen into a latrine hole and sustained the injury, and that his sons were not present at the scene (!) (!) (!) . - The application for re-examination was filed approximately five months after the witness's examination, and the alleged coercion was not immediately reported (!) (!) . - The Court reiterated that the determinative factor for invoking Section 311 Cr.P.C. is whether the evidence is essential for the just decision of the case (!) (!) .

What are the conditions under which a court can recall and re-examine a witness under Section 311 of the Code of Criminal Procedure?

What is the significance of the witness's demeanor in the trial court's decision regarding a Section 311 Cr.P.C. application?

What are the principles guiding the exercise of power under Section 311 Cr.P.C. to ensure a just decision in a case?