Shyam Kishore Narayan Sinha vs The State of Bihar

N.P. Singh, J.—This revision application is directed against the order dated 20.6.1992 passed in Trial No. 89/92 arising out of Special Case No. 51/86 whereby Sri B.K. Choudhary, J.M. Patna allowed the prayer of the prosecution to declare P.W. Prashant Kumar, a hostile witness.

On 19.6.1992, one Prashant Kumar was examined as P.W.5 in G.R. Case No. 2140/86. The witness in his examination in-chief proved his signature on seizure list which was marked Ext-II. He also proved material Ext-III with regard to the seizure of cash amount and other articles. He was cross-examined by the defence and then discharged. Thereafter a petition was filed by the Addl. P.P. to declare the witness hostile.

It is evident that witness Prashant Kumar was only a formal witness. He has not stated anything on the merits of the case in his examination in- chief. It is well settled that a witness can be declared hostile in course of his evidence during the trial, when he resiles from his earlier statements made before the Police during the investigation of the case. A witness cannot be declared hostile, if he makes some statements prejudicial to the prosecution case in his cross-examination. A formal witness who simply proves his signature on the seizure list and the material exhibits cannot be declared hostile.

The impugned order of the learned Judicial Magistrate whereby he declared P.W.5 Prashant Kumar hostile is not in accordance with law. It is accordingly set aside and in the result the petition succeeds.