Section 311 CrPC cannot be used to fill prosecution lacunae; additional witnesses must be essential to a just decision.

Section 311 CrPC permits additional witnesses to be summoned or examined only when their evidence is essential to a just decision of the case, not to cure omissions in the prosecution evidence. Where the prosecution had already examined the witnesses initially named, had not shown any inability to secure the remaining witnesses earlier, and sought their examination only after the trial had substantially progressed and the accused had been questioned under Section 313, the request was treated as an attempt to fill lacunae. On those facts, the Magistrate's order allowing additional witnesses was unjustified and was set aside.

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Issues: Whether the Magistrate was justified in allowing the prosecution to examine additional witnesses under Section 311 of the Code of Criminal Procedure, 1973 after the accused had been questioned under Section 313 of the Code of Criminal Procedure, 1973, when the request was made at a later stage and appeared to fill lacunae in the prosecution case.

Analysis: The prosecution had already examined the witnesses named at the earlier stage but had not taken steps to secure the remaining witnesses during trial. There was no material showing that their presence could not have been secured earlier. The request to examine them was made after the trial had substantially progressed and after the accused was questioned, which indicated that the application was not founded on necessity for a just decision but on an attempt to cure omissions in the prosecution case. The power under Section 311 is wide, but it must be exercised with caution and only where the evidence appears essential to the just decision of the case. On the facts, that threshold was not met.

Conclusion: The order permitting examination of the additional witnesses was unjustified and was set aside.

Final Conclusion: The revision succeeded, and the prosecution was not permitted to use Section 311 as a means of repairing defects in its case at a late stage.

Ratio Decidendi: The power to summon or examine additional evidence under Section 311 of the Code of Criminal Procedure, 1973 can be exercised only when the evidence is essential to the just decision of the case and not to fill lacunae left by the prosecution.

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