Fair trial requires liberal recall of witnesses when defence counsel dies during trial and new counsel needs further cross-examination.

Where defence counsel died during trial after cross-examining prosecution witnesses, the accused was entitled to a further opportunity to cross-examine by recalling those witnesses under Section 311 CrPC. The Court stressed that, in a criminal trial, the power to recall witnesses should be exercised with latitude and liberality when required by the interests of justice, because new counsel may be unable to assess why material questions were not asked earlier and the accused must have a fair opportunity to defend himself. The conviction and sentence were set aside, and the trial court was directed to proceed afresh in accordance with law.

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Issues: Whether, in the circumstances of the defence counsel's death during trial, the accused should be given an opportunity to further cross-examine the prosecution witnesses by recalling them under Section 311 of the Code of Criminal Procedure, 1973.

Analysis: The available record showed that the earlier defence counsel had cross-examined the prosecution witnesses, but the engagement ended abruptly because of his death. The new counsel was placed at a practical disadvantage in evolving the defence strategy and could not know why further questions had not been asked on material aspects. In such circumstances, the Court held that the power under Section 311 of the Code of Criminal Procedure, 1973 should be exercised with latitude and liberality where the interests of justice so require, particularly in a criminal trial where the accused must receive a fair opportunity to defend himself.

Conclusion: The accused was entitled to have the three prosecution witnesses recalled for further cross-examination, and the conviction and sentence were set aside with a direction to the trial court to proceed afresh in accordance with law.

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