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Head Note

Indian Penal Code,1860  - Section 115 , Section 307 , Section 120-B , The Code of Criminal Procedure, 1973  - Section 391

Explosives Substances Act, 1908 - Section 4(b) - Conviction and sentence under- During the pendency of the appeal, three criminal miscellaneous appplications filed to summon PW.1, for further cross-examination on merits - High Court refused the said prayer and held that it was within the knowledge of the appellants that the Approver PW-1 had made the retraction in the year 1978 disowning his earlier statements but the three applications in question were filed after a lag of more than 20 years - Hence, the appeal - Appellants were not found in anyway responsible for the inordinate delay in their appeals - Supreme Court - It is not only the Approver (PW-1) who made diametrically opposite statements but the CBI and the State (CID) seem to be at loggerheads with the one accusing the other of manipulating and using Vikram PW-1 for its own designs and the position may be clear in case if he is subjected to further examination with reference to his statement - Provision of section 391, CrPC is not limited to recall of a witness for further cross-examination with reference to his previous statement - Impugned order of the High Court in refusing to summon Vikram, the Approver (PW.1) for his further examination set aside and direct the High Court to summon Vikram (PW.1) for his further examination by the appellants and if so desired by the CBI - Appeals allowed.

Topic(s)-

Important Decision(s)- 

• Sec 391 CrPC is not limited to recall of a witness for further cross-examination.
• Sec 391 CrPC - Conviction - In appeal - Application for summon witness for further cross-examination - Allowed.