The main legal point established in the judgment is the importance of continuous recording of evidence and compliance with Section 309 of the Cr.P.C. to protect witnesses and ensure the administration of justice.

ORDER :

Delay condoned. Leave granted.

2. For the murder of one Bhagwan Singh at Sikar, Rajasthan, on 27th May, 2005, 20 persons were tried. Nine have been convicted concurrently by the trial court and the High Court. They are the appellants. Others have either been acquitted or have died.

3. We have heard learned counsel for the parties at great length and also perused the record. We do not find any infirmity in the orders of the court below calling for our interference under Article 136 of the Constitution of India. The appeals are, accordingly, dismissed.

4. Before parting with this matter, we must record a disturbing feature in the conduct of the trial of the present case. After recording examination-in-chief of the star witness, PW-14 Prabhu Singh, on 13th April, 2010, the matter was adjourned on the request of defence counsel to 25th August, 2010 i.e. for about more than four months. After that, part evidence of the witnesses was recorded on 24th September, 2010 and the matter was again adjourned to 11th October, 2010. Before that, four witnesses of the same family in their statements recorded on 10th April, 2010 had become hostile.

5. In a criminal case of this nature, the trial court has to be mindful that for the protection of witness and also in the interest of justice the mandate of Section 309 of the Cr.P.C. has to be complied with and evidence should be recorded on continuous basis. If this is not done, there is every chance of witnesses succumbing to the pressure or threat of the accused.

6. This aspect of the matter has received the attention of this Court on number of occasions earlier. In State of U.P. v. Shambhu Nath Singh and Others, (2001) 4 SCC 667 this Court observed it was a pity that the sessions court adjourned the matter for a long interval after commencement of evidence, contrary to the mandate of Section 309 of the Cr.P.C. Once examination of witnesses begins, the same has to be continued from day-to-day unless evidence of the available witnesses is recorded, except when adjournment beyond the following day has to be granted for reasons recorded. This Court observed:

"12. Thus, the legal position is that once examination of witnesses started, the court has to continue the trial from day to day until all witnesses in attendance have been examined (except those whom the party has given up). The court has to record reasons for deviating from the said course. Even that is forbidden when witnesses are present in court, as the requirement then is that the court has to examine them. Only if there are "special reasons", which reasons should find a place in the order for adjournment, that alone can confer jurisdiction on the court to adjourn the case without examination of witnesses who are present in court.

13. Now, we are distressed to note that it is almost a common practice and regular occurrence that trial courts flout the said command with impunity. Even when witnesses are present, cases are adjourned on far less serious reasons or even on flippant grounds. Adjournments are granted even in such situations on the mere asking for it. Quite often such adjournments are granted to suit the convenience of the advocate concerned. We make it clear that the legislature has frowned at granting adjournments on that ground. At any rate inconvenience of an advocate is not a "special reason" for bypassing the mandate of Section 309 of the Code.

14. If any court finds that the day-to-day examination of witnesses mandated by the legislature cannot be complied with due to the non-cooperation of the accused or his counsel the court can adopt any of the measures indicated in the sub-section i.e. remanding the accused to custody or imposing cost on the party who wants such adjournments (the cost must be commensurate with the loss suffered by the witnesses, including the expenses to attend the court). Another option is, when the accused is absent and the witness is present to be examined, the court can cancel his bail, if he is on