Material Witness

Material witness, the test whether a witness is material for the present purpose is not whether he would have given evidence in support of the defence. The test is whether he is a witness 'essential to the unfolding of the narrative on which the pros. is based.' Whether a witness is so essential or not would depend on whether he could speak to any part of the prosecution case or whether the evidence led disclosed that he was so situated that he would have been able to give evidence of the facts on which the prosecution relied. (AIR 1936 PC 289 relied), Narain v. State of Punjab, AIR 1959 SC 484 (487): 1959 Supp (1) SCR 724. [Criminal PC (5 of 1898), s. 208] The Court has power to summon material witness, or examine person present if his evidence appears to be essential for the just decision of the case (CrPC, s. 311).