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Code Of Criminal Procedure, 1973
311. Power to summon material witness, or examine person present. Any Court
Central Government Act
INFO :
R 1977 SC 472 (23)
ACT:
Criminal Trial-Material witness, who is-Failure to examine-
Effect of-If amounts ... that the trial was not
fair as R, a material witness, had been kept out of Court.
Held, that
Supreme Court of India
ground that the prosecution had
withheld the material witness, namely, Sri Indrajit Saha, who was
stated to have snatched ... allegation even from the prosecution that if the said
material witness was produced, he would not speak the truth
Gauhati High Court
that the mother of the
deceased was a material witness for the reason she could
have thrown light ... basis of "circumstantial evidence".
31. Who is a material witness? What is the effect of non-
examination of material witness
Delhi High Court
Enquiry Officer. He further contended that inasmuch as the material witness was not examined, other witnesses being the persons working ... sustained. According to him, the non-examination of the material witness, viz., Ravichandran, who is the complainant, and non-supply
Madras High Court
Police Officer, who himself was an interested witness. It is
contended that the appellant Govindaraju @ Govinda has
been falsely implicated ... case.
(iii) No independent or material witnesses were examined by
the prosecution. Recovery of the alleged weapons of crime
have
Supreme Court of India
occupation and that the
tenant defendant has caused material damage to the suit premises.
The assertion in the plaint ... twelve months, Dhananjay Singh
was the only material witness to deny the said document. Mr. Prasad
submits this witness should
Jharkhand High Court
them, they denied each and every incriminating material as false. No witness was examined and no document was marked ... learned senior counsel would submit that she, being a material witness, ought to have been examined and the withholding
Madras High Court
that the petitioner-Advocate was
a material witness to prove or disprove the genuineness or otherwise of
the aforesaid affidavits ... document was manufactured, the
petitioner-Advocate is a material witness and so he cannot appear in
both the capacities
Patna High Court
case relating
to the death of Tulsiram Prajapati - a material witness to the killings of
Sohrabuddin and his wife Kausarbi ... would spill the beans as he was a
material witness in the first conspiracy inasmuch as tracing and locating
Supreme Court of India
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