Witness has died, what to do?

Querist : Anonymous (Querist) 30 July 2011 This query is : Resolved
We have filed a criminal case u/s 200 crpc against my husband IPC 498a 494 406 court has issued notice. Trial is going on. My father came as a witness & also gave his statemwents. Unfortunately my father has expired 1 months ago. What will be the value of the statemwnts of my father?

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Swathi S Bhat (Expert) 30 July 2011
Sir,

The statements given by your father is valid and the Court will consider the same.

prabhakar singh (Expert) 30 July 2011
What will be the value of the statemwnts of my father?
Answer :zero! without cross zero.

jatin sharma (Expert) 30 July 2011
yes prabhakar g is right because without cross examination by defended counsel the value of witness statement is not consider by the court as evidence.

Advocate Bhartesh goyal (Expert) 31 July 2011
No evideciary value of such statement.

Querist : Anonymous (Querist) 31 July 2011
Swathi madam said tht it is of value. My father had come from his hospital bed against doctors advice and you say that it has got no value will a father lie andgive flase statement when he has come being so badly ill when he was in hopsital?? The person who is concerned about his daughter his statements are of no value???? is the Court so...blind to see how much concerned my father was for his daughter an d gave statement coming directly from his hosptial bed to give statement for his daughter it does not have any value. what is the rememdy for that what should i do for that how can i put...swathi mam and others please give me a way out

jatin sharma (Expert) 01 August 2011
the courts only follows the procedure and the emotion of the person will be value less. so i am suggesting you, arrange another witness who will be give statement in your favor and disclose the fact of the case.

Advocate. Arunagiri (Expert) 01 August 2011
Except the dying declaration, all the witnesses has to be cross examined otherwise the evidence has no value.

Swathi S Bhat (Expert) 07 August 2011
Sir,

The statements given by your father is valid and the Court will consider the same if your father was cross-examined.

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