New Delhi: The Supreme Court has held that statement of a witness, including cross-examination, has to be recorded either on the same or the following day and there should not be any ground for adjournment on this. The apex court, which was hearing two pleas seeking quashing of bail granted by the Allahabad High Court to two persons in a murder case, was informed that it took almost three months to conclude recording of statement of one of the prosecution witnesses.
"The mandate of law itself postulate that examination-in-chief followed with cross-examination is to be recorded either on the same day or on the day following," a bench of justices Ajay Rastogi and C T Ravikumar said. "In other words, there should not be any ground for adjournment in recording the examination-in-chief/cross-examination of the prosecution witness, as the case may be," the top court said in its order passed on September 30.
The high court, in its two separate orders passed in February and March, had granted bail to the two persons in connection with the case lodged at Bhadohi district in Uttar Pradesh for the alleged offences including that of murder. During the hearing before the apex court, the bench was informed that there are three eye-witnesses according to the list of witnesses and charge sheet has been filed in the case.