Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 540---Interpretation and scope of S.540, Cr.P.C.---Section 540, Cr.P.C., consisted of two parts; the first part gives power to the court to summon any person as a witness or examine any person in attendance, though not summoned as a witness, whereas the second part of said section was mandatory to meet the ends of justice---Section 540, Cr.P.C. had given ample powers to a court to call or examine any important witness as court witness at any stage; and at any time during the trial---Those discretionary powers, had to be exercised with due care and caution; and in a judicious manner in the cases where Trial Court would feel it necessary to meet the ends of justice, but the court could not exercise those powers to advance the cause of prosecution or that of the defence---Object of S.540, Cr.P.C. was to advance the interest of justice and not to give benefit to any of the parties at the trial to fill up lacunas---Court could call and examine any witness for recording evidence during the trial at any stage of the trial, even after closure of prosecution evidence, and could allow the application, if facts of the case so warranted in order to do complete justice, because primary function of the court was to reach the just conclusion; and find out the truth, but neither the prosecution nor the defence could be allowed to produce additional evidence to fill up the lacunas under S.540, Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Penal Code (XLV of 1860), Ss.302, 34, 109 & 114---Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-e-amd, common intention, abetment, possessing unlicensed arms---Summoning material witness or examining person present---Out of 22 witnesses cited by the prosecution, evidence of 21 witnesses had been recorded and only evidence of Investigation Officer was yet to be recorded, meanwhile, complainant moved an application under S.540, Cr.P.C. before Trial Court through which he wanted to get recorded evidence of seven more persons who were present at the time of incident at the alleged place of occurrence---After more than 20 months, which was a long time, the prosecution moved an…

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