Rajveer Singh vs State Of Uttarakhand on 24 July, 2024
42. Para nos.20 of Gajoo Vs. State of Uttarakhand is quoted
hereinbelow for ready reference:-
Search Results Page
Search Results
1 - 10 of 112 (3.32 seconds)Documents citing
Gajoo vs State Of Uttarakhand on 13 September, 2012
Surendra @ Chhotu (Jail Appeal) vs State Of U.P. on 20 November, 2015
So he has reported the same to be punctured wound. So in the peculiar facts of this case, this discrepancy in the description of the injuries by the two different doctors cannot be said to be a ground to disbelieve otherwise reliable evidence of the two eyewitnesses. Law is settled on the point that ocular testimony must prevail on medical evidence unless that medical evidence is of such nature that falsified the prosecution case. Hon'ble Apex Court in the case of Gajoo Vs. State of Uttarakhand reported in (2012) 9 SCC 532 has considered this point and has observed in paragraph no. 18 as under:-
Rajveer Singh vs State Of Uttarakhand on 24 July, 2024
42. Para nos.20 of Gajoo Vs. State of Uttarakhand is quoted
hereinbelow for ready reference:-
Babu Kunchankuch Vagalil vs The State Of Maharashtra on 7 October, 2013
In Gajoo v. State of Uttarakhand, : 2012 (9) SCC
532 : (2012 AIR SCW 5598), while reiterating the
same principle again, this Court held that defective
investigation, unless affects the very root of the
prosecution case and is prejudicial to the accused
should not be an aspect of material consideration by
the Court. Since, the Court has adverted to all the
earlier decisions with regard to defective investigation
and outcome of the same, it is useful to refer the
dictum laid down in those cases:
Directorate Of Enforcement vs Mukesh Jain on 30 March, 2024
The Hon'ble Supreme Court in Gajoo vs. State of
Uttarakhand (2012) 9 SCC 532 held that crime is a public
wrong in breach and violation of public rights and duties
which affects the community as a whole and is harmful to the
society in general and in a criminal case, the fate of
proceedings cannot always be left entirely in the hands of the
parties. It was held by the Hon'ble Supreme Court as under:
State Of Gujarat vs Bilal Ismail Abdul Majid Sujela @ Bilal ... on 9 October, 2017
State vs Monu@Chineese on 11 November, 2025
In Gajoo v. State of Uttarakhand, 2012 (9)
SCC 532, while reiterating the same principle again, the
Hon'ble Supreme Court held that:
Anand Ramachandra Chougule vs Sidarai Laxman Chougala on 6 August, 2019
6. If the First Information Report lodged by the accused
with regard to the same incident was not exhibited by the
prosecution or evidence with regard to hospitalization and
injury reports of the accused were also not placed, relying on
Dayal Singh and others vs. State of Uttaranchal, (2012)
8 SCC 263 and Gajoo vs. State of Uttarakhand , (2012) 9
SCC 532 it was submitted that at best it may be a case of
defective investigation which cannot dent the credibility of
the prosecution case with regard to the premediated
murderous assault with a common intention.
Ranjeet Singh S/O Late Ram Singh Rajput vs State Of Rajasthan Through Pp on 8 August, 2019
"If the First Information Report
lodged by the accused with regard to
the same incident was not exhibited by
the prosecution or evidence with regard
to hospitalization and injury reports of
the accused were also not placed,
relying on Dayal Singh and others vs.
State of Uttaranchal, (2012) 8 SCC 263
and Gajoo vs. State of Uttarakhand,
(2012) 9 SCC 532 it was submitted
that at best it may be a case of
defective investigation which cannot
dent the credibility of the prosecution
case with regard to the premediated
murderous assault with a common
intention.
State Of Rajasthan Through Pp vs Vikram Singh S/O Rajendra Singh B/C ... on 8 August, 2019
"If the First Information Report
lodged by the accused with regard to
the same incident was not exhibited by
the prosecution or evidence with regard
to hospitalization and injury reports of
the accused were also not placed,
relying on Dayal Singh and others vs.
State of Uttaranchal, (2012) 8 SCC 263
and Gajoo vs. State of Uttarakhand,
(2012) 9 SCC 532 it was submitted
that at best it may be a case of
defective investigation which cannot
dent the credibility of the prosecution
case with regard to the premediated
murderous assault with a common
intention.