AIR 1964 SUPREME COURT 1563 ::1965 AllCriR 501 ::1965 MadLJ(Cri) 773 ::1964 (1) GujLR 911 ::1965 2 SCJ 531 ::1964 7 SCR 361 ::1964 (1) SCWR 831 ::1965 SCD 44

Supreme Court Of India

(From: Gujarat)*

Hon'ble Judge(s): K. Subba Rao, K. C. Das Gupta, Raghubar Dayal , JJJ

(A) Evidence Act (1 of 1872) , S.154, S.137— Scope - Court can permit party calling a witness to put questions in the nature of cross-examination at the stage of re-examination - @page-SC1564Adverse party must be given further opportunity to cross examine witness in such case - View of Raju J. in Crl. A. 656 of 1960 D/- 27-6-1961 (Guj) Reversed. Section 137 gives only the three stages in the examination of a witness, namely examination-in-chief, cross-examination and re-examination . This is a routine sequence in the examination of a witness. This has no relevance to the question when a party calling a witness can be permitted to put to him questions under S. 154: that is governed by the provisions of S. 154 which confers a discretionary power on the court to permit a person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. Section 154 does not in terms, or by necessary implication, confine the exercise of the power by the Court before the examination-in-chief is concluded or to any particular stage of the examination of the witness. It is wide in scope and the discretion is entirely left to the court to exercise the power when the circumstances demand. To confine this power to the stage of examination-in-chief is to make it ineffective in practice. A clever witness in his examination....