AIR 1965 KERALA 44

Kerala High Court

Hon'ble Judge(s): Anna Chandy, P. Govinda Menon , JJ

(A) Evidence Act (1 of 1872) , S.42— Inquest Report - Admissibility in evidence - Mere recitals in inquest report, not substantive evidence. (Para 3) (B) Criminal Trial - Material witness - It is duty of prosecution to call and examine - Test to see whether witness is material is whether he is essential to unfold prosecution narrative - Non-examination of material witness - Adverse inference against prosecution case and fairness of trial can be drawn. Evidence Act (1 of 1872) , S.114, S.111(g)— The prosecution has got a right to choose their own witnesses but in a capital case it is the duty of the prosecution to place before the Court the evidence of all material witnesses irrespective of the question whether that evidence, if led, would help the accused, and go against the prosecution.(Para 10) The test whether a witness is material is not whether he would have given evidence in support of the defence. The test is whether he is a witness essential to the unfolding of the narrative on which the prosecution is based. Whether the witness is essential or not will depend on whether the witness can speak to any part of the prosecution case or whether the evidence led disclosed that he was so situated that he would have bee....