Death of I/O and death of witness during deposition
Querist :
Anonymous
(Querist) 14 January 2011
This query is : Resolved
Dear Sir,a case under S 419,420,467,468,471 and 477 is filed against me.During the examination of witnesses,one witness completed the chief and was facing cross when he has died. What happens to his testimony?Moreover the investigating officer completed the investigations,filed the chargesheet and also died.What will be the effect of his non availability for the chief and cross examination on the trial?
Thanks.
Arvind Singh Chauhan
(Expert) 14 January 2011
First witness's evidence is of less value without cross examination. Secondary evidence is possible in case of death of I.O. but it is also weak piece of evidence.
Devajyoti Barman
(Expert) 14 January 2011
If the cross examination is not finished then his depostion would be expunged altogether.
Amit Minocha
(Expert) 14 January 2011
if cross was not completed then testimony of witness is of least value. For IO since charge sheet was already presented investigation records are before Court and PP will take it up on behalf of state. What about complainant / victim ?
Guest
(Expert) 14 January 2011
AS WITNESS AND INVESTIGATION OFFICER DIED.THE ACCUSED WILL GET BENIFIT AS THE FACTS WILL NOT BE PROVED AGAINST ACCUSED.ACCUSED HAS CHANCES OF ACQUITAL.
Kirti Kar Tripathi
(Expert) 14 January 2011
Unless cross examination is not completed the evidence of a witness can not be relied upon. But this a peculiar condition, where the witness died during the crass examination. In this regard the position of law is as under
" The evidence of a witness, who has been examined in open court is not inadmissible in the course of the same judicial proceedings merely because it is impossible to cross examine him on account of his having died between his examination of chief and his cross examination, but the weight to be attached to his testimony depends on the circumstances of the each case (Ahmad Vs Joti) 144 AIR Allahabad 241.
Sarvesh Kumar Sharma Advocate
(Expert) 15 January 2011
yes definitly circumstances is veluble in this case,the admissible part of cheif examin will be count.
however 467,468,471 is a documentery evidence will proove it self by the releted doc.
