Ramanand Yadav vs Prabhu Nath Jha And Ors on 31 October, 2003
11. It is now well settled by series of
decisions of this Court that while appreciating
variance between medical evidence and ocular evidence,
oral evidence of eye-witness has to get primacy as
medical evidence is basically opinionative. [See
Mange v. State of Haryana (1979) 4 SCC 349
(conviction based on sole testimony of eye-witness);
State of U.P. v. Krishna Gopal and Anr., (1988) 4
SCC 302 (in para 24); and Ramanand Yadav v. Prabhu
Nath Jha and Ors.,(2003) 12 SCC 606 (in para 17)]. But
when the court finds inconsistency in the evidence
given by the eye-witnesses which is totally
inconsistent to that given by the medical experts,
then evidence is appreciated in different perspective
by the courts.