1) after the examination and cross-examination of the prosecution witnesses the accused then be called upon to enter upon his defence. Then comes (iii) the third stage when Section 257 comes into play. Section 257 lays down the procedure for issue of process for compelling the production of evidence at the instance of the accused for the purpose of his defence Under the provisions of Section 257 the Magistrate has a duty to issue process to compel the attendance of witnesses named by the accused except where the Court considers that the object for making such process is to cause vexation, delay or to defeat the ends of justice
2) When a prosecution witness is summoned under Section 257 at the instance of the accused, he dues not thereby lose his character as a prosecution witness. The mere fact also that the accused was compelled to be the prosecution witnesses as his own, will not make any change in the legal position for the purpose of Section 257, see Sheo Prakash Singh v. W.D. Rowling. (1901) ILR 28 Cal 594. This view of the Calcutta High Court was followed by the Madras High Court in a case reported in 23 Cr. LJ.. 192 : (AIR 1922 Mad 32) Venku Reddy v. Emperor.