medical witness is not merely a check upon the testimony of eyewitnesses; it is also independent testimony because it may establish certain facts quite apart ... assessing the testimonies of the eyewitnesses and in determining whether the testimonies of eyewitnesses can be safely accepted. Moreover, it is settled law of criminal
after long gap of one and a
half years. His testimony as an eyewitness was however
found to be consistent with the other two eyewitnesses ... cannot be discarded. The
High Court found consistency in the testimony of the
eyewitnesses and noted that the injuries attributed by
the eyewitnesses
Rambabu vs State Of M.P. on 22 February, 2022
Author: G.S. Ahluwalia
Bench
site plan to discredit the testimony of the prosecution witnesses who are said to be the eyewitnesses of the incident. The investigating officer in whose ... responsible to cause death. As there is conflict between ocular testimony of P.W-1 Bahaar Singh and P.W-2 Brijendra and the medical
eyewitnesses but also of the injured eyewitnesses Madhodas (PW2) and
Dhannamal (PW3). According to learned lower appellate Court, the
evidence of the eyewitness including that ... whatsoever of
injuries taking place in the manner stated by the
eyewitnesses, the testimony of the eyewitnesses
cannot be thrown out."
'36. Where
medical evidence" should be believed or whether the
testimony of the eyewitnesses should be preferred? There
is no doubt that ocular evidence should ... post-mortem
report could be rejected by a court relying on eyewitness
testimony, though this would be quite infrequent. In
Dayal Singh v. State
possibilities
whatsoever of injuries taking place in the manner stated by
eyewitnesses, the testimony of eyewitnesses cannot be thrown
out.
7. In view
deceased had suffered firearm injury which is consistent with the testimony of eyewitness that four of the assailants were armed with firearm weapon ... defence has miserably failed to dislodge the prosecution case.
The testimony of eyewitnesses cannot be disbelieved to be untruthful witness merely because no independent witness
possibilities whatsoever of
injuries taking place in the manner alleged by
eyewitnesses, the testimony of the eyewitnesses cannot
be thrown out on the ground ... post-
mortem report could be rejected by a court relying on
eyewitness testimony, though this would be quite
infrequent. In Dayal Singh v. State
possibilities whatsoever of injuries taking place in the manner alleged by eyewitnesses, the testimony of the eyewitnesses cannot be thrown out on the ground ... whatsoever of injuries taking place in the manner stated by the eyewitnesses, the testimony of the eyewitnesses cannot be thrown out."
27. Where
