In a warrant trial the court of session has issue summon to a witness who died in 2010 at the age of 104 years. Question is under what provisions of the CRPC petition should be filed for discharging the witness.
N.K.Assumi (Advocate) 09 May 2013
In a warrant trial the court of session has issue summon to a witness who died in 2010 at the age of 104 years. Question is under what provisions of the CRPC petition should be filed for discharging the witness.
Adv Archana Deshmukh (Practicing Advocate) 09 May 2013
No need to file any petition to discharge the witness. The fact on record that the witness is dead itself wud discharge him from giving evidence..
N.K.Assumi (Advocate) 09 May 2013
Thanks Archana.
@Querist,
Probably, you are confused(I tell you in good faith) if CRPC is the only procedural laws. In fact there are so many procedural laws and one of them is Indian Evidence Act.
The Indian Evidence Act says the following things-
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.- Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases:-- When it relates to cause of death.-
the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised. or is made in will or deed relating to family affairs;
(8) When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. Illustrations.
N.K.Assumi (Advocate) 09 May 2013
Thank you for clearing my confusion. But it is not about dying declaration, but a summon to a witness who died at the ripe old age of 104 in 2010 who was not even examined even once in her life time, but was summon by the court as a State witness.
@Querist,
I think you missed the following line in the previous thread which is the heading.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
Read the example (e),(g) etc. where it's not a dying declaration. Infact the title itself says when the person cannot be called as witness.
In your case,since the person never gave any evidence or statement,he can simply be ignored under this provision citing that he never gave any statement.But any fact that may relate to him,can be treated as evidence.
Note-This reply should be taken as per the declaration given in my profile page.
Thanks,
Regards,
N.K.Assumi (Advocate) 10 May 2013
But we are at the pre-trial stage and not trial stage.Any way thanks for your contributions.
@Querist,
So you wanna say,there should be a different provision other than provisions of Evidence Act in order to consider any fact as evidence/witness?????
Does it really make a difference if the stage is pre-trial or post-trial????
Do our laws allows us a separate provisions for evidence other than Evidence Act????If yes.....I am speechless.
Do Magistrate in a pre-trial warrant cases make use of another Act for evidence/witness(May be he could write his own methods in connection with evidence!)
Anyway,I am unable to talk about the above asked query further.
Note-This reply should be taken as per the declaration given in my profile page.
Thanks,
Regards,
[Last reply to this thread]
N.K.Assumi (Advocate) 10 May 2013
Thanks.