Require case law
Arvind Singh Chauhan
(Querist) 15 March 2012
This query is : Resolved
Sir,
I am from the defence side. I require citation on the point " Value of evidence of witness who can not be cross examined due to his death,.
Here after examination in chief defence sought adjournment, meanwhile witness dies.
Adv.R.P.Chugh
(Expert) 15 March 2012
Here the testimony of the witness is of no avail, testimony becomes complete only after cross-examination. The chief of witness can be used only if it falls within any of the clauses of S.32 Indian Evidence Act.
Otherwise the basic principle stands if a witness after being examined in chief does not appear to subject him to cross his evidence becomes valueless (Gopal Sarvan v. Satya Narayan AIR 1989 SC)
Deepak Nair
(Expert) 15 March 2012
Well advised by Mr.Bharat
Shonee Kapoor
(Expert) 15 March 2012
This testimony has no value.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ajay Bansal
(Expert) 15 March 2012
As advised by Bharat.
venkatesh Rao
(Expert) 15 March 2012
The evidence of a witness who could not be subjected to cross-examination due to his death before he could be cross-examined, is admissible in evidence, though the evidentiary value will depend upon the facts and circumstances of case. [Food Inspector v. James N.T., 1998 Cri LJ 3494, 3497 ) If the examination is substantially complete and the witness is prevented by death, sickness or other causes (mentioned in s 33) from finishing his testimony, it ought not to be rejected entirely. But if not so far advanced as to be substantially complete, it must be rejected. Deposition of a witness whose cross-examination became impossible can be treated as evidence and the court should carefully see whether there are indications that by a completed cross-examination the testimony was likely to be seriously shaken or his good faith to be successfully impeached . However the evidence would be inadmissible, if cross-examination was avoided or deliberately prevented.
Since I couldnot lay my hand on the supreme court judgemnt reported in AIR 1989 as no page number mentioned, I can not apply the ratio therein to the citations referred by me.
V R SHROFF
(Expert) 16 March 2012
Mr Bharat & mr rao had clarifiee the point.
You see if anything is favourable to you , or object it for evidence
