MANNAN SK vs STATE OF WEST BENGAL

The Supreme Court addressed the application of Section 311 of the Code of Criminal Procedure, 1973, regarding the recall of the Investigating Officer to present a dying declaration of the deceased, Rupchand Sk. The Court held that the High Court's reversal of the trial court's decision was justified, emphasizing that the omission of the statement was a mistake by the prosecution and did not prejudice the accused. The Court affirmed the High Court's order allowing the recall, thereby facilitating a just decision in the case.