THE STATE OF BIHAR THRU. D.M.,SITAMARHI v. NAND KISHORE SAH & Ors.

Heard the learned counsel for both the parties. The submission of the learned counsel for the petitioner is that the informant P.W.10 supported the prosecution case in examination-in-chief. However, in cross-examination, he made adverse statement against prosecution story. Therefore, it is necessary to recall this witness to declare him as hostile and cross-examine him on behalf of the prosecution. On the other hand, the learned counsel for the opposite parties submitted that no witness can be recalled for demolition of the evidence. If it is allowed, the defence will be highly prejudiced. Considered the submission of the learned counsel for both the parties. Perused the impugned order. The witness has already been examined, cross-examined and discharged. Now, he cannot be recalled for the purpose of demolishing and explaining the admission made in cross-examination. In view of that, it is quite clear that this application has got no merit. According, this application is rejected. N.H./ ( Ghanshyam Prasad )