220. Admissibility of Evidence of Witness in Subsequent Proceedings:(1) The evidence of a witness given on oath and duly recorded in any judicial proceeding under this Code may in the discretion of the Court be read and accepted as evidence in any such subsequent proceedings against the same accused or in a later stage of the same proceedings, if the witness is dead or cannot be found or is incapable of giving evidence or if his presence cannot be obtained without an amount of delay, expense or inconvenience which the Court considers unreasonable in the circumstances of the case, provided that the questions in issue are substantially the same on each occasion and that if the witness is a witness for the prosecution, the accused had the right and opportunity to cross-examine the witness. Illustration: Where ‘A’ is tried and convicted for causing grievous hurt to ‘B’ and ‘B’ subsequently dies of his injuries ‘A’ may be tried again for murder (see section 207). ‘B’s’ evidence at the first trial may be used in the second trial, ‘B’ being dead and the question in issue at each trial substantially the same. Note :- The power of dispensing with the attendance of a living and capable witness is very exceptional and should be used with great discretion. (2) If a witness is produced and examined in any judicial proceedings under this Code, his evidence given on oath and duly recorded in writing at any such proceedings previously held against the same accused in which the questions in issue were substantially the same or in a previous stage of the same judicial proceedings may be read out after his evidence in chief has been given and he may be examined and cross-examined upon it and it may be accepted as evidence by the Court. Note :- The power given by sub-section (2) enables a Court when it thinks that a witness had told the truth at a previous stage and is lying before it to ignore the evidence given before it and rely on the evidence given previously. 221. Admissibility of Statement by the Accused. Where there are several accused, the statements of each made in answer to examination under section 179 may be taken into consideration by the Magistrate or Court and shall be admissible for or against himself and any of the other accused at the same or any subsequent stage of the same proceedings, provided that such statement made by one of the accused shall not be admitted at the trial of the other accused unless the accused person who made such statements was being tried jointly with the other accused and the statements were made in the presence of the other accused. 74