Evidence Act, 1872–Sec. 138 [Corresponding Sec. 143 of BSA, 2023]–Trial Court declined to accept the statements of PW 14 on the ground that he had died before he could be cross-examined by the defence–Truthfulness of the evidence tendered by a witness can be tested only when the witness is cross-examined–Moreover, the statement of PW 14 is neither corroborated nor supported by surrounding circumstances–Statement does not advance the case of prosecution.
