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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Musafir Singh S/o Late Dunilal Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. witnesses’ depositions and their credibility (Para 5 , 6 , 7) |
| 3. request to recall witnesses based on media statements (Para 8) |
| 4. legal authority and discretion under section 311 (Para 9 , 10) |
| 5. court's evaluation of evidentiary value and procedural compliance. (Para 11) |
| 6. admissibility of electronic evidence under section 65-b (Para 12 , 13 , 14 , 15) |
| 7. concluding order of the court (Para 16 , 17) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. The present application has been filed by the petitioners for quashing of the order dated 26.07.2024 passed by learned Additional Sessions Judge-III, Madhubani in connection with Benipatti P.S. Case No.67 of 2021 dated 29.03.2021 corresponding to ST No.211 of 2021 registered for the offences punishable under Sections 147 , 148, 149, 341, 323, 324, 325, 326, 307, 302, 120-B of the INDIAN PENAL CODE (for short ‘I.P.C.’) and Section 27 of the ARMS ACT , whereby the learned trial court has rejected the petition for recall of the prosecution witnesses for their cross-examination.
2. The brief case of prosecution, as per version of the informant, namely, Ramnarayan Singh, that on 29.03.202
The court reiterated the discretionary power under Section 311 CrPC to recall witnesses for justice, emphasizing that electronic evidence requires certification under Section 65-B of the Evidence Act....
Power under Section 311 CrPC to recall witnesses is wide, exercisable at any stage if essential for just decision; prosecutorial oversight in not showing material objects earlier is correctable, not ....
The power to recall witnesses under Section 311 of CrPC is essential for ensuring justice, especially when contradictions arise in testimonies.
The rejection of a request to recall witnesses under Section 311 CrPC is valid when it is deemed an attempt to prolong proceedings without just cause, emphasizing the need for fair trial principles.
Point of Law : Discretion given by the first part is very wide and its very width requires a corresponding caution on the part of the court. But the second part does not allow any discretion; it bind....
The power to recall witnesses is a discretionary power to be exercised sparingly for the ends of justice. It cannot be invoked to fill lacunae in the prosecution or defense case or to provide an unfa....
The court upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
The court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
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