Recall of witnesses under Section 311 CrPC requires essential evidence for a just decision; mere inconsistency with later statements is insufficient.

Section 311 CrPC gives the court a wide but judicially controlled power to summon, recall or re-examine witnesses only where their evidence is essential to a just decision. The provision aims to prevent failure of justice and secure the best available evidence, but it does not justify recall merely to confront a witness with later statements made in another proceeding. Where the witness has already been examined and cross-examined, recall is unwarranted absent legal necessity. The High Court's recall direction was therefore set aside.

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Issues: Whether the High Court was justified in directing recall and re-examination of witnesses under Section 311 of the Code of Criminal Procedure, 1973 on the facts of the case.

Analysis: Section 311 confers a wide discretionary power on the court to summon, examine, recall or re-examine witnesses at any stage, but the discretion must be exercised judicially. The controlling test is whether the evidence is essential to the just decision of the case. The provision is intended to prevent failure of justice and to ensure that the best available evidence is before the court, but it does not permit recall merely because a party seeks to confront a witness with later statements made in another proceeding. Where a witness has already been examined and cross-examined, a subsequent attempt to recall him only to meet an inconsistent statement in another forum is not justified absent a legal necessity for the just decision of the case.

Conclusion: The High Court's direction to recall the witnesses was unwarranted, and the order allowing recall was set aside.

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