Code of Criminal Procedure, 1973-Section 311, 391, 386 and 173:

Evidence Act, 1872-Section 165:

 Criminal trial-Tainted investigation-Trial in perfunctory manner-On account of threat from politicians witnesses turned hostile-Acquittal of accused-Application for adducing additional evidence and examination of witnesses rejected and acquittal confirmed by High Court-On appeal, held: The case liable lo be retried-Trial was no/ fair as hearing of material witness was denied-In a case of defective investigation the Court in evaluating the evidence may adopt an active and analytical role to ensure finding of truth ,, having recourse to Sections 311 Cr.P.C. and 165 Evidence Act at later stage resorting to Section 391 Cr.P.C.-Retrial by a Court under jurisdiction of another High Court-Appointment of some other Public Prosecutor-Further E investigation-Directions issued.

Sections 386 and 391-Adducing additional evidence at appellate stage-Permissibility-Held: Such course is permissible-Section 391 is an exception to Section 386-These Sections have to be harmoniously considered-Recourse to either of the Sections in disposing of the appeal would depend on the facts of the case.

Criminal trial-Role of Court in evidence-collecting process-Held: Courts should take a participatory role in trial and should not act as a mere tape recorder.

Practice and Procedure:

 Order of High Court-Order passed indicating that reasons to follow subsequently-Permissibility of-Held: Such course is not permissible by High Court because its order is subject to appellate jurisdiction of Supreme Court.

Words and Phrases:

"Criminal trial", "Fair trial"-Meaning of.