evidence act- contradiction and omission from 161 statement-HOW TO TBE MARKED ?

WHATSAPP 91-8075113965 (Querist) 07 March 2009 This query is : Resolved
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?

THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929

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