Evidence Act, 1872–Secs. 154, 138–Declaring the witness as a hostile witness–Justification–Merely because a witness has stated certain facts in his cross-examination which are contrary to his examination-in-chief or has stated additional facts in his cross-examination, the Court would not be justified in declaring him as hostile before conducting his re-examination–PW 1 made statements in his cross-examination contrary to the statements in his chief examination–Trial Court ought to have firstly proceeded with his re-examination–Impugned order set aside and the matter remanded back to Trial Court to proceed in accordance with the provisions of law.
