Right of defendant to cross-examine witness of plaintiff on every issue by putting leading questions
In Sanjib Kumar Das v. State of Tripura 1994 (3) Crimes 411, the Gowhati High Court held as follows:
If a plaintiff calls a witness to prove a single, even the simplest fact connected with the case, the defendant is at liberty to cross-examine him in every issue by putting leading questions, to establish, if he can, his entire defence. Section 143 of the Indian Evidence Act permits putting leading questions in the cross-examination by confining to questions relevant to the case.
28. The Gauhati High Court delivered the judgment in Sanjib Kumar Das (12 supra) by referring to the judgment of a learned single Judge of the Calcutta High Court in Bishnu Murmoo v. Radhanath Patra 1951 (1) Calcutta 87 wherein the learned Judge of the Calcutta High Court held as follows:
The object and scope of cross-examination is two folder to weaken, to qualify or destroy the case of the appellant; and to establish the party's own case by means of his opponent's witnesses. It is not confined to matters proved in chief, the slightest direct examination, even for formal proof, opens up the whole of cross-examiner's case. In cross-examining a witness, the cross-examining lawyer not only tries to bring out contradictions in the evidence given in the examination-in-chief, but he also tries to build up his case by establishing new facts.
Andhra High Court
Middolla Harijana Thimmaiah @ ... vs State Of A.P. Rep. By S.H.O., Pargi ... on 28 April, 2004
Equivalent citations: 2005 (1) ALD Cri 286, 2005 (1) ALT 537
Bench: G Bikshapathy, G Yethirajulu, B S Reddy
https://www.lawweb.in/2013/08/right-of-defendant-to-cross-examine.html
