Recall of witnesses under criminal procedure requires a truth-focused, judicious exercise of discretion to prevent failure of justice.

Section 311 CrPC gives a wide discretion to summon, recall and re-examine witnesses at any stage, and its mandatory limb applies where the evidence is essential to a just decision. The provision is aimed at preventing failure of justice, bringing valuable evidence on record, and removing ambiguity in testimony. The court must exercise the power judiciously with the object of reaching the truth; the mere possibility that additional evidence may incidentally fill a gap in a party's case is not, by itself, a valid ground to refuse recall. On this approach, refusal to recall the witnesses was improper and the application ought to have been allowed.

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Issues: Whether the application for recall and re-examination of witnesses under Section 311 of the Code of Criminal Procedure, 1973 ought to have been allowed.

Analysis: Section 311 confers a wide discretionary power to summon, recall, and re-examine witnesses at any stage of inquiry, trial, or other proceeding, while the latter part of the provision makes such examination mandatory where the evidence appears essential to the just decision of the case. The provision is intended to prevent failure of justice by ensuring that valuable evidence is brought on record and that ambiguity in witness testimony is removed. The discretion must be exercised judiciously, guided by the need to arrive at the truth, and the possibility that additional evidence may incidentally fill a gap in a party's case is not, by itself, a valid reason to refuse the request. The court may also have regard to the rule that the best available evidence should be adduced, as reflected in the Evidence Act.

Conclusion: The refusal to recall the witnesses was not proper, and the application ought to have been allowed.

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