Shiv Pratap Singh Tomar Vs. Smt. Seema Tomar and Others

Madhya Pradesh High Court (Single Judge)

MP, 1731 of 2017, Judgment Date: Jan 09, 2018

Law laid down -
(I) A defendant may cross-examine a co-defendant or any other witness who has given evidence against him, and reply on such evidence though there is no issue joined between them.
(II) Once it is demonstrated by a defendant that his interest is not common and there is a conflict of interest affecting the interest of co-defendant then the defendant can cross-examine the witnesses of co-defendant for reaching to the truth.
(III) Condition precedent for giving an opportunity to a defendant to cross-examine a co-defendant is that there should exist conflict of interest inter se between the parties.
(IV) The right of cross-examination is the greatest legal engine ever invented for the discovery of the truth (referred through Wigmore on Evidence).

Shiv Pratap Singh Tomar Vs. Smt. Seema Tomar and Others