Section 311 CrPC recall of witnesses is justified when needed for a just decision, despite delay concerns.

Section 311 CrPC confers a wide power to recall witnesses when further cross-examination is necessary for a just decision. Where the party had not earlier cross-examined the witnesses due to extraneous circumstances, the opportunity should not be denied merely because the matter may be addressed in final arguments. Delay by itself is not a sufficient ground to refuse recall if the testimony requires further testing for fairness and completeness. The trial court's reasons were found inadequate, and the refusal to recall the witnesses was set aside.

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Issues: Whether the trial court was justified in refusing recall of prosecution witnesses for further cross-examination under Section 311 of the Code of Criminal Procedure, 1973.

Analysis: The power under Section 311 is wide and is to be exercised to secure a just decision. The witnesses in question had not been cross-examined by the prosecution at the earlier stage, and the non-use of that opportunity was found to be due to extraneous circumstances. The reasons given by the trial court, namely that the matter could be addressed in final arguments and that recall would delay the trial, were held to be insufficient. Delay by itself cannot defeat a request where recall is necessary for a just decision of the case.

Conclusion: The refusal to recall the witnesses was unjustified and the order of the trial court was set aside.

Ratio Decidendi: A witness may be recalled under Section 311 of the Code of Criminal Procedure, 1973 whenever such recall is necessary for a just decision, and mere delay or the possibility of addressing credibility in arguments is not a valid ground to refuse that relief.

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