thereafter, FIR was lodged and police came into action. Therefore, ocular testimony of fact that accused-appellant killed his wife by chopping her neck with ... said to be belated by any means. Trial Court found ocular testimony of PW-2, due creditworthy, reliable and clean. Certain contradictions pointed
caused, weapon used and the discrepancies between the medical evidence and ocular testimony. The law on the point of alleged discrepancies needs to be discussed ... question how to reconcile where medical opinion suggesting alternative possibilities than ocular testimony? The court has observed:
" The ocular evidence being cogent, credible
contention regarding variance between medical evidence and ocular testimony is concerned, it is trite that oral evidence has to get primacy as medical evidence ... From the above stated authorities, it is clear that though the ocular testimony of a witness has greater evidentiary value vis-a-vis medical evidence
variance/contradiction
between the ocular evidence and the medical evidence, is too
wide and it improbablises the ocular testimony, the same
becomes a very relevant ... variance/
contradictions between the ocular evidence and the medical evidence
is too wide and it improbabalises the ocular testimony, the same
becomes a very relevant
that time first information report was not in existence.
(iii) that ocular testimony is not consistent with medical evidence. It was submitted that deceased ... contradiction between medical evidence and ocular evidence can be crystallised to the effect that though the ocular testimony of a witness has greater evidentiary value
scattering. It was submitted that alleged contradiction and inconsistencies between ocular testimony and medical evidence shows that alleged eye-witnesses have not witnessed the incident ... fire-arm and thus, there is no material contradiction between ocular testimony and medical evidence. It is consistent case of prosecution that deceased has suffered
spot. PW 3 Kallu has also supported the prosecution version. Ocular testimonies are fully corroborated by the medical evidence. He has further contended that minor ... testimonies are cogent, credible and trustworthy.
22. As regards corroboration of ocular testimony with medical evidence, the victim was medically examined on the same
documents have not been disputed by
the respondents and corroborate the ocular testimony of PW6 to the
aforesaid extent. Moreover, the offending truck is shown ... November 2013 and December 2013. Same
would clearly corroborate the ocular testimony of PW6 in this regard. It is
also relevant to note that
inconsistency between ocular and medical evidence,
ocular evidence must prevail unless medical or
scientific evidence completely renders impossible
action upon ocular testimony.
(vi) The statement ... contradiction between
medical evidence and ocular evidence can be
crystallised to the effect that though the
ocular testimony of a witness has greater
evidentiary value
from the other evidence. As there is
material contradiction in the ocular testimony and medical evidence, the
evidence of Tarkeshwar (PW1) and Chandan (PW7) could ... statement of Tarkeshwar (PW1). Learned State counsel further
submitted that the ocular testimony of the eyewitness that assailants had
come armed with firearm, sharp edged
