Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S.540---Power to summon material witness etc.---Purpose---Purpose of S.540, Cr.P.C. is to enable the Court to go at the truth of the matter to come to a proper conclusion in the case under trial and in the peculiar circumstances it imposes a duty on the Court to summon a person in the, witness-box whose evidence is essential for just decision of the case----Under first part of S.540, Cr.P.C. the Court may, in its discretion summon of recall a person of a witness for examination or re¬examination, but under the second part it is obligatory for the Court to summon and examine or, recall and re-examine any person if his evidence appears essential for just decision of the case---Court cannot use the power under S.540, Cr.P.C. to advance the case of prosecution or that of defence---However, the Court should liberally use this discretionary power in a case in which the examination of a person is material and is essential to come to the proper conclusion. (b) Criminal Procedure Code (V of 1898)----- ----S.540---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Re-summoning of the, prosecution witness---Witness required to be re-examined claimed to have seen the occurrence and identified the accused at the spot and also in the identification parade---Evidence of the said witness, therefore, was essential for just decision of the case---Question that what had compelled the witness to change his statement at the trial and for what reason he desired to be re-examined could only be resolved in the light of his statement in re-examination---Fate of the case being dependent on the sole statement of the said witness, it would be unfair to the prosecution not to call him in the witness-box far re-examination and his re¬examination would not be against the interest of criminal administration of justice---Leave to appeal was refused to accused in circumstances. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185(3) of the Constitution of the Islamic Republic, of Pakistan has been directed against the judgment dated 22-4-2000 passed by a Division Bench of the High Court of Balochistan in…

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