Criminal trial -- Medical evidence and ocular evidence - Where the eyewitnesses' account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive...........
Criminal trial -- Medical evidence and ocular evidence - Doctor said that injuries appeared to be on one side of the body and the witnesses said that attacks were from different sides - It is too trifle an aspect - It is only when the medical evidence totally improbabilises the ocular evidence, that the Court starts suspecting the veracity of the evidence and not..........
Indian Penal Code, 1860, Section 302, 34 -- Serious doubt about time and place of incident and therefore presence of eye-witnesses at the time of incident becomes doubtful - No explanation of discrepancy between medical and ocular evidence - P.Ws.3, 4 and 7 not of sterling worth - Conviction set aside...........
Indian Penal Code, 1860, Section 302 -- Medical evidence and ocular evidence - Where eye witnesses account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive...........
Indian Penal Code, 1860, Section 302 -- Appellant assaulted deceased while he was sleeping in verandah of his house - PW1 and PW3, hearing shouts for help came and saw appellant assaulting deceased - Incident took place at 4 a.m. and FIR lodged at 5.15 a.m. - Merely because PW3's name did not figure in FIR case does not become suspicious - No discrepancy in medical..........
Indian Penal Code, 1860, Section 302 -- Medical evidence and ocular evidence - Prosecution version that murder was committed shortly after the deceased had taken his meal - Medical evidence that stomach was empty - Prosecution failed to clarify the discrepancy - Time of death was a material factor to verify presence of eye witness - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 34 -- No inordinate delay in FIR - Delay in sending FIR to Magistrate not fatal - Addition of one line in FIR inconsequential - No contradiction between ocular and medical evidence - Non examination of persons not having seen incident or of relatives of deceased not fatal - Case proved by eye witnesses - Conviction sustained...........
Indian Penal Code, 1860, Section 302 -- Murder - Acquittal - Appreciation of evidence - Unexplained delay in recording FIR and sending it to Magistrate - Both the PWs not disclosing about the occurrence to any person prior to their statement made before the police - As deposed by PWs accused gave two Kahi blow whereas there were 6 injuries on the person of the deceased and..........
Criminal trial -- Discrepancy between Medical and Ocular evidence regarding number of injuries suffered by deceased - Medical report that there were 3 injuries but according to eye witnesses five injuries were inflicted - Two injuries might have escaped notice of Autopsy surgeon - Prosecution case not rejected as prosecution otherwise established its case...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - Sentence - Rape by accused in his shop of the victim who was a small girl of 6-7 years when she had gone to his shop for collecting pieces of cloth for preparing doll - Testimony of the victim and two other PWs quite inspiring and of unimpeachable character - The ocular testimony has been corroborated by the..........
