Can defence witness be produced in court except accused persons

Rajeev Kumar (Querist) 02 April 2012 This query is : Resolved
Under which provision or section of cr.pc defence witness can be produced except accused persons though the police have not recorded the statement of defence witness in case diary even the accused persons and only recorded the statements of prosecution an their relative. Please supply relevant sc/ hc judgements in this regard if any

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Nadeem Qureshi (Expert) 02 April 2012
Dear Rajeev
if the case is trial before a court of session, u/s 233 Crpc. if the case is trial by magistrate and case instituted on a police report then u/s 243 Crpc. if the case instituted otherwise then on police report then u/s 247 Crpc.
During trial of criminal cases, a legal question arises for decision whether new witnesses not named in FIR or Chargesheet of examined by IO can be examined by Public Prosecutor. No hard and fast rule can be expounded. it shall depend on the facts and circumstances of each case.

According to section 134 Indian Evidence Act specifically provided that no particular number of witness shall in any case be required for proof of any fact.

Defence witnesses are entitled to equal treatment with those of the prosecution and courts ought to overcome their traditional, instinctive disbelief in defence witnesses, quit often, they tell lies but so do the prosecution witnesses. Dudh Nuth Pandey V. State of UP 1981 Cri LJ 618

when the defence witness is not coming forword and telling investigating officer what he subsequently stated in court, then his testimony is to be condemned as after-thought. (Ravulappalli kondainah v. state odf A.P. AIR 1975 SC 216

Guest (Expert) 02 April 2012
Since every proceeding should be in the presence of the accused, no defence witness should be produced in the absence of the accused.

PARTHA P BORBORA (Expert) 02 April 2012
even the accused is a compitant witness and has a right to dipose his evidence in a criminal case. .The witnesses must be examined and cross examined in front of the accused. So his attendance is necessery unless he is represented by his advocate.

Sudhir Kumar, Advocate (Expert) 02 April 2012
Police is not supporsed to record the statement of defence witnesses. Their job is to muster evidence against the accused.

Rajeev Kumar (Querist) 02 April 2012
@Sudhir police is not bound to record the statements of defence witness but atleast the police should record the statements of the neghibours of the locality where the offence is committed