Evidentiary value of written signatured statement infront of police if witness dies

B@75BHAIBABU (Querist) 26 April 2013 This query is : Resolved
one of the witness in my case gave his statement which was in written form along with his signature to i.o of the case under 161 crpc.but yesterday he expired due to heart attack.sir,i want to know whether written statement of the deceased witness which was given to i.o to record it under 161 crpc will have any evidentiary value in trial,since he is now no more to record his statement infront of magistrate.

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R.K Nanda (Expert) 26 April 2013
now it has no evidentiary value.

Raj Kumar Makkad (Expert) 27 April 2013
Had he alive, even then there was no value of his statement recorded under section 161 of criminal procedure code except for contradicting as per section 162 of criminal procedure code and now when he has died, such evidence shall not be relied upon in the evidence of the case.

Guest (Expert) 27 April 2013
The statment, itself, becomes doubtful if used after expity of the witness.

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