complainant witness to accused undre which provision of cr. pc

Querist : Anonymous (Querist) 19 November 2010 This query is : Resolved
firstly my friend was made as accused during fir, after investigation and after framing chargesheet he was made as CW 5 and Public prosecutor is contesting the case,as he was already an accused in the same case aft cc made changed as cw 5?

In this case they are 5 accused as per fir and complaint, 2 accused are missing. one accused has been changed as cw 5.

whether there is any provision under cr.pc to change cw 5 as accused during his evidence as a complainant witness?

kindly tell me the provision or whether he will be asked to give his evidence in chief and then make him hostile or any other provision where he can directly be made as accused again?

please answer to my query as soon as possible..

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Raj Kumar Makkad (Expert) 19 November 2010
A person impleaded as an accused in State case and witness of the complainant in another case arising out of similar incident. This is not an illegal act, however, it shall definitely give benefit to the accused persons and even in the State case wherein such witness has been impleaded as one of the accused persons shall go in his favour.

s.subramanian (Expert) 20 November 2010
yes

Advocate Rajiv Mishra (Expert) 20 November 2010
i agree.

Ajay Bansal (Expert) 20 November 2010
do.

Querist : Anonymous (Querist) 20 November 2010
sir, it is not two different case. its one case wherein the accused was made as complainant witness after investigation and charge sheet.

past 2days i am posting similar problem, but not got satisfactory reply....this is present case of my friend which has 2be resolved by me during his evidence. kindly guide me.

R.Ramachandran (Expert) 20 November 2010
I do not think there is anything wrong.
FIR is only a first information report. On the basis of FIR investigation has to be done. On conducting the investigation if is found that a person who was named in the FIR as an accused in fact is a witness so he would be made complaint witness to the case. It is advantageous to the person concerned since from accused he is now only a complaint witness.

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