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Rakesh & Anr vs State Of M.P on 19 September, 2011 cites

State Of U.P vs Hari Chand on 29 April, 2009

9. It is a settled legal proposition that the ocular evidence would have primacy unless it is established that oral evidence is totally irreconcilable with the medical evidence. More so, the ocular testimony of a witness has a greater evidentiary value vis-a`-vis 7 medical evidence, when medical evidence makes the ocular testimony improbable, that becomes a relevant factor in the process of the evaluation of evidence. However, where the medical evidence goes so far that it completely rules out all possibility of the ocular evidence if proved, the ocular evidence may be disbelieved. (Vide: State of U.P. v. Hari Chand, (2009) 13 SCC 542; Abdul Sayeed v. State of Madhya Pradesh, (2010) 10 SCC 259; and Bhajan Singh @ Harbhajan Singh & Ors. v. State of Haryana, (2011) 7 SCC 421).
Supreme Court of India Cites 2 - Cited by 115 - A Pasayat - Full Document

Abdul Sayeed vs State Of M.P on 14 September, 2010

9. It is a settled legal proposition that the ocular evidence would have primacy unless it is established that oral evidence is totally irreconcilable with the medical evidence. More so, the ocular testimony of a witness has a greater evidentiary value vis-a`-vis 7 medical evidence, when medical evidence makes the ocular testimony improbable, that becomes a relevant factor in the process of the evaluation of evidence. However, where the medical evidence goes so far that it completely rules out all possibility of the ocular evidence if proved, the ocular evidence may be disbelieved. (Vide: State of U.P. v. Hari Chand, (2009) 13 SCC 542; Abdul Sayeed v. State of Madhya Pradesh, (2010) 10 SCC 259; and Bhajan Singh @ Harbhajan Singh & Ors. v. State of Haryana, (2011) 7 SCC 421).
Supreme Court of India Cites 55 - Cited by 882 - B S Chauhan - Full Document

Bhajan Singh @ Harbhajan Singh & Ors vs State Of Haryana on 4 July, 2011

Witnesses who are related to the victim are as competent to depose the facts as any other witness. Such evidence is required to be carefully scrutinised and appreciated before reaching to a conclusion on the conviction of the accused in a given case. (See: Himanshu @ Chintu v. State (NCT of Delhi), (2011) 2 SCC 36; and Bhajan Singh @ Harbhajan Singh & Ors. (supra).
Supreme Court of India Cites 39 - Cited by 251 - B S Chauhan - Full Document

Mangu Khan & Ors vs State Of Rajasthan on 24 February, 2005

In Mangu Khan & Ors. v. State of Rajasthan, AIR 2005 SC 1912, this Court examined a similar issue wherein the post-mortem report mentioned that the death had occurred within 24 hours prior to post-mortem examination. In that case, such an opinion did not match with the prosecution case. This Court examined the issue elaborately and held that physical condition of the body after death would depend on a large number of circumstances/factors and nothing can be said with certainty. In determining the issue, various factors such as age 8 and health condition of the deceased, climatic and atmospheric conditions of the place of occurrence and the conditions under which the body is preserved, are required to be considered. There has been no cross-examination of the doctor on the issue as to elicit any of the material fact on which a possible argument could be based in this regard. The acceptable ocular evidence cannot be dislodged on such hypothetical basis for which no proper grounds were made.
Supreme Court of India Cites 17 - Cited by 22 - Full Document
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