PULAK BANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In course of a sessions trial relating to offences punishable under Sections 489B/489C/120B of the Indian Penal Code, the prosecution examined one Kali Khatik as P.W. 5. Since the said witness did not support the prosecution case and resiled from his earlier statement made to the police during investigation he was declared hostile and was cross-examined by the prosecution. Then the said witness was cross-examined by the defence. After such cross-examination of the witness by the defence was over the prosecution moved another application seeking permission from the Court to further cross-examine the said witness on the ground that the witness during his cross-examination by the defence made out a third case. The Trial Court allowed such prayer of the prosecution, hence this criminal revision.

(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record as well as the impugned order and the case laws cited by the parties.

(3.) There is no dispute if a prosecution witness during his examination-in-chief stuck to his version as was expected by the prosecution, but during his cross-examination by the defence in a subtle way showed his propensity to support the case of the accused and in effect contradicting his statement in chief, in such a case the prosecution has every legitimate right to declare the said witness hostile and to cross-examine him even after cross-examination by defence. There is no particular stage at which the prosecution will be permitted to cross-examine its own witnesses. Section 154 of the Evidence Act permits for cross-examination of its own witness by the party calling it, and which runs as follows;