Recall of witness for further cross-examination allowed where it is needed to test evidence and serve the ends of justice.

A witness may be recalled under Section 311 CrPC when further cross-examination is necessary to test the evidence and advance the ends of justice. The court held that cross-examination is an integral part of the evidence, and the accused was entitled to elicit material answers on the nature of the weapon used. The refusal to recall PW-9 on the ground that the request was not bona fide was found unsustainable on the facts. The order refusing recall was set aside, and further cross-examination of PW-9 was permitted on the limited point identified.

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Issues: Whether the order refusing recall of PW-9 for further cross-examination under Section 311 of the Code of Criminal Procedure, 1973, was liable to be set aside.

Analysis: The petition sought recall of the complainant witness to permit further cross-examination confined to the nature of the weapon used. The refusal by the court below was found unsustainable because cross-examination forms an integral part of the evidence and the accused was entitled to elicit material answers relevant to the charge. The reason recorded by the court below that the application was not bona fide was not accepted on the facts of the case.

Conclusion: The refusal to recall PW-9 was set aside and the petitioner was permitted to further cross-examine PW-9 on the limited point of the nature of the weapon used.

Ratio Decidendi: A witness may be recalled under Section 311 of the Code of Criminal Procedure, 1973, where further cross-examination is necessary to test the evidence and serve the ends of justice.

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