maternal uncle (ekek) of the victim, are hearsay wintesses.
Similarly, P.W.4 Shamima Khatoon, mother of the victim, is
hearsay witness ... explained. Meaning thereby that P.W. 4 was also hearsay
Patna High Court
father of deceased Sanjiv Yadav @ Jiva Yadav
and is Hearsay witness.
PW-3 Sudhir Yadav He is a Hearsay witness.
PW-4 Haridas Mandal ... Hearsay witness.
PW-5 Sahdeo Rajak He is the Eye witness of the occurrence.
PW-6 Munna Yadav He is the Informant of this case
such, only on the basis of, such a hearsay witness, the
judgment of the learned Trial Court is not sustainable in the eyes ... been examined as P.W. 2. This witness is also a
hearsay witness, who has categorically stated during cross-examination, that
he has not seen
members as stated by the PW1 (Bishnu Dev
Narain) is only hearsay evidence which is not admissible. It was
argued that there are material ... State Vs. Rakesh Kumar 25/63
narrated by the prosecution witnesses, is hearsay which is not
admissible.
43. It was argued that bills pertaining
dying declaration which is in
the nature of hearsay evidence is relevant and admissible in evidence
sheerly on the basis of principle of necessity. Though ... duly recognized by law despite of the fact that it is of
hearsay nature.
45. The clear language of Section
deceased and the same are, therefore, in the nature of hearsay evidence and
are not admissible in law.
10. Hearsay evidence is excluded ... concerned, they are in the nature of opinion or hearsay evidence and not
based on his personal knowledge when he said that the deceased
persons including the pradhan and others. She
claims herself to be a hearsay witness on the basis of the information
given by Jobna Biruli. Defence ... been examined as P.W.2. This witness is also a
hearsay witness, who was also informed by Jobna Biruli regarding
commission of rape
demand.
4. In the present case, evidence adduced by the prosecution
is hearsay evidence in nature. In Kalyan Kumar Gogoi vs.
Ashutosh Agnihotri reported ... hearsay
evidence is second hand evidence and is inadmissible in
evidence, therefore, second hand evidence cannot be acted upon
to record any finding.
5. Looking
MOTHER OF THE
DECEASED DIVALIBEN PARBATBHAI SOJITRA AT EXH.313
IS A HEARSAY WITNESS TO THE CASE.
A prosecution witness in eye of mother ... does not have first hand knowledge of the incident,
she is a hearsay witness of the case as also under garb of
Section
Devi, more particularly, save and except Jaimala
Devi (PW-8), all are hearsay witnesses, whose evidences being
inadmissible in the eye of law, would ... participated during second marriage of Jaimala Devi. He
had deposed on hearsay basis regarding marriage as well as birth of
the children
