Section 157 Evidence Act: uncommunicated notes from transaction-related conversations can corroborate a witness's testimony.

Notes of attendance prepared from conversations about a transaction were treated as statements under section 157 of the Indian Evidence Act, 1872, because a "statement made by" is given its ordinary meaning and does not require communication to another person. The Court read the word "statement" consistently with its use in other provisions of the Act and held that section 159 on refreshing memory did not narrow section 157. Admissibility was distinguished from the weight of the writing, and the notes were held admissible to corroborate the witness's evidence.

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Issues: Whether notes of attendance prepared by a witness from conversations relating to the transaction were admissible under section 157 of the Indian Evidence Act, 1872 for corroborating that witness's testimony, even though the notes had not been communicated to anyone else.

Analysis: The expression "statement made by" in section 157 was construed according to its ordinary meaning, namely, something that is stated. The Court compared the usage of the word "statement" in other provisions of the Indian Evidence Act, 1872, including the provisions dealing with admissions, statements of persons who cannot be called as witnesses, documentary statements, and contradiction of prior written statements, and held that communication to another person is not an essential element of a statement. Section 159, dealing with refreshing memory, did not limit the meaning of section 157. The Court further held that the admissibility of such a writing was distinct from the weight to be attached to it.

Conclusion: The notes of attendance were statements within section 157 of the Indian Evidence Act, 1872 and were admissible to corroborate the witness's evidence. The objection to admissibility failed.

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