About hostile witness

Sanjay (Querist) 14 December 2015 This query is : Resolved
(Multiple Dying Declaration case u/s 302, 498-a & 506 IPC)
Police during the course of investigation records the statements of witnesses (also termed as prosecution witness) and produce it at court. Now the witnesses when examined at court some of them favors the accused but none of them states the same statements as it is recorded at the time of investigations.

-The witnesses that favors the accused are termed as hostile.
-While the mother of the deceased had recorded with police that my daughter told me that she was put on fire in her bed room after bolting the room (The third statement given by deceased after the gap of 5 days when she recorded her second statement in which she stated that she was put on fire by the accused when she was cooking the meals at kitchen which was supported by her brother during investigation)
-During examination at court both of them supported the second statement, however the mother of deceased when asked about previous statement during investigation she said she does not remember that she had given such statement.
-The IO while examination at court admitted that statements of witnesses were recorded as per their version (for the mother of deceased as well as the declarations made by the deceased)
*WHY SHE IS ALSO NOT TERMED AS HOSTILE?

Also some of the prosecution witnesses who were important or should have proved that accused was innocent were not being examined at trial court.

*WHO DECIDES ABOUT THE WITNESSES TO BE EXAMINED AT TRIAL COURT?

*WHY IS THE STATEMENT OF IO OR POLICE THAT IS FAVORABLE TO ACCUSED IGNORED AND THAT AGAINST HIM ONLY CONSIDERED?

please answer ...tons of thanks.....many more questions....continued.......

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P. Venu (Expert) 14 December 2015
Is this a real query?

Rajendra K Goyal (Expert) 15 December 2015
Case file has to be referred, consult local lawyer.

Sanjay (Querist) 15 December 2015
Certainly it is ! Please any expert can clear these queries so I can ask other more much confusing questions about this case...

Sanjay (Querist) 15 December 2015
Well lawyers always say that certainly we will win.....but at last they have no clarifications regarding what happened when judge convicts the accused after ignoring these issues...

Kappil Cchandna (Expert) 15 December 2015
Sir,

If you think those witnesses are relevant, take them as a defense witness, 2 different versions in statement are considered as contradictory and weakens the case of the prosecution.

Warm Regards
Kapil Chandna Advocate
9899011450

Sanjay (Querist) 16 December 2015
lot of thanks but please let me know about the questions that I have asked.

T. Kalaiselvan, Advocate (Expert) 25 December 2015
the contradictory statements of witnesses are always a favorable situation to the accused and may create a doubt in the prosecution case and chances are there for benefit of doubt if the contradictions are very glaring.