Allahabad](https://supremetoday.ai/doc/judgement/02500034205), SRI MAHESH KUMAR vs STATE BY - Karnataka.
Relevancy of Witness Statements - Legal and Procedural Aspects
Main points and insights:
The relevancy of witness statements is crucial for establishing a prima facie case, but discrepancies, lack of proper procedure, or the statements being inadmissible can render further statements irrelevant Jageshar Bhagat VS State Of Bihar - Patna, State rep. by, The Deputy Superintendent of Police, Madhavaram Sub Division VS Kasturi - Madras. Courts have also noted that statements made by witnesses, such as dying declarations or during investigations, acquire relevancy only under specific legal conditions, such as the death of the declarant or proper recording procedures Bhaskaran Nair VS State of Kerala - Crimes, J. I. Havaldar VS State Bank Of India - Karnataka. The admissibility and relevancy are also contingent upon the proper procedure being followed, including furnishing reports or case diaries, but courts have held that once the relevancy is established, further examination of witnesses may not be necessary J. I. Havaldar VS State Bank Of India - Karnataka, V. Pitchai VS State, Represented by, The Inspector of Police, Vigilance & Anti Corruption, Chennai - Madras.
Court’s Discretion and Abuse of Process
Main points and insights:
Courts have discretion to determine the relevancy of witness statements and may refuse to entertain further statements if they consider such attempts as an abuse of process or unnecessary, especially when the evidence has already been sufficiently considered SONY JOSEPH vs GEORGE K MATHEW - Kerala, [GANGA CHARAN
VS D D C KANPUR
Analysis and Conclusion:
Further statements by witnesses are typically deemed irrelevant once their initial testimony has been considered or if examining them again would constitute an abuse of judicial process. Courts prioritize procedural propriety and relevancy, often dismissing attempts to re-examine witnesses, especially if such efforts do not contribute new, relevant evidence. Therefore, in legal proceedings, the subsequent statement of the same witnesses holds no significance or relevancy if the court has already evaluated their testimony or if further examination is unnecessary or improper.
AGAINST INTEREST - RELEVANCY - REGISTRATION - ATTESTING WITNESSES - NECESSITY. ... If a registered sale deed is not required by law to be attested, it is not necessary to call the attesting witnesses to prove the ... execution of the sale deed and that the sale deed was registered, making it admissible in evidence without the need to call attesting witnesses ... The Court, in these circumstances, can consider the relevancy of statement of a dead person if he had made statemen....
statement - Procedure - Oath - Administration - Legality - Key recovery - Relevancy - Motive - Proof - Accused's statement under ... Section 313 CrPC - Denial of allegations - No defence witnesses examined. ... The accused denied the allegations and did not examine any defence witnesses. ... The prosecution to establish its case examined 26 witnesses. Accused persons in their statement under Section 313 Criminal Procedure Code have denied the allegations made against....
of the statements made by witnesses and establish a prima facie case for taking cognizance under penal provisions. ... However, during the enquiry, discrepancies were found in the complaint and the witnesses' statements, and the court concluded that ... Issues: Discrepancies in the complaint and witnesses' statements, lack of prima facie case, and potential abuse of court processes ... He has to find out the relevancy of statement made by the #HL_ST....
of natural justice - Inquiry officer clearly recorded the reasons and provided adequate opportunity to petitioner to examine his witnesses ... by filing written statements - In a case of loss of confidence in the officer by the Bank it would be a futile exercise of judicial ... were not permitted to be examined ostensibly on the ground that written statement of the witnesses had not been filed therefore, the relevancy to examine those witnesses was not known to the inquiry officer. .......
Following dismissal of his application to reopen evidence to examine attesting witnesses, he challenged this decision in court. ... Finding of the Court: The court upheld the trial court's action, citing that the testimony of the sought witnesses ... Issues: Whether the trial court's refusal to reopen evidence for examining attesting witnesses was rightful and whether such ... has no significance or relevancy at all and an attempt to examine those witnesses would amount to an abuse of the process of ....
In his defence statement under Section 313 of Cr.P.C., the petitioner had referred to various facts and had furnished a list of witnesses ... Consequently, the Trial Court was directed to issue appropriate summons to the witnesses cited in the statement filed by the petitioner ... under Section 313 of Cr.P.C. subject to its satisfactory regarding relevancy of the witness. ... relevancy of the witness. ... who are cited in his statement. ... In his defence s....
The relevancy of that statement as a dying declaration came in only when he died later.1be relevancy became greater when all the ... which was intended only to set the law in motion and when the relevancy of that statement as a dying declaration came in only when ... occurrence witnesses with ulterior motive turned hostile. ... The relevancy of that statement as a dying declaration came in only when e died later. The relevancy becam....
Insofar as the contention that a copy of the Investigation Officer's report was to be furnished and it has not been done is concerned, it is pointed out that unless the relevancy of the statement of the witnesses recorded earlier is given by the officer concerned, prior copies of the witnesses' statements ... It is further contended that it is also not necessary for the management to withhold the inquiry pending disposal of the criminal case and further that there is no valuable right of the petitioner ....
simple reason that the same is inadmissible in evidence - It is the duty of the prosecution to prove the guilt not based on the statement ... the role played by any of the accused in the commission of offence - Learned Additional Public Prosecutor would submit that the statements ... The learned Additional Public Prosecutor has contended that the trial Court had failed to take into consideration the relevancy of the statement made by the witnesses regarding the death of the victims. ... Further, he also....
preliminary investigation in Crime No.18/2005/AC/CC-II and when there is no specific averments in the petition with the names of the witnesses ... of witness, recorded pertaining to the Crime –Preliminary investigation records such as statement of witness recorded if any in ... trial, the accused/petitioner had through his petition Crl.M.P.No.670 of 2017 had sought for production of entire case diary and statement ... Making a vague plea seeking entire case diary and the statement of witnesses or prelim....
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