later. Learned counsel then argued that the
medical evidence belied the ocular testimony inasmuch as
none of the injuries, on the deceased could correspond ... contradiction at all between the medical evidence and the
ocular testimony and the alleged contradiction as pointed
out by the defence was imaginary
trial Court that the medical evidence was
contrary to the ocular testimony of the witnesses, inasmuch as
the post mortem reports of the deceased ... perverse or not.
21. With regard to the conflict between the ocular testimony
and the medical evidence, in our considered opinion, the High
Court
would submit that the entire case rests on the ocular
testimony of P.W.1Ali Sher Khan and P.W.2Jaan
Mohammad ... accused No.2Nazra is concerned. She submits that
when the ocular testimony of P.W.1Ali Sher Khan and
P.W.2Jaan
case.
The prosecution case was sought to be proved by the ocular
testimony of PW.4 and PW.5 both aged about 13 years ... case. The prosecution case was sought to be
proved by the ocular testimony of PW4 Biju and PW5 Anil,
both aged about 13 years
testimony of the prosecution witnesses, and, in particular, the medical
and ocular testimonies are conflicting; there was considerable delay on the
part of Investigating Officer ... contradiction between medical
evidence and ocular evidence can be crystallized to the effect that though
the ocular testimony of a witness has greater evidentiary value
that the first information report was ante timed and that the ocular testimony was contradicted by medical evidence. The trial court also found, the evidence ... witness. After having noticed the substratum of the ocular testimony, we shall now deal with the medical evidence.
8. Dr. N.K. Pande, PW10 conducted
implicated in this case.
12. The learned Sessions Judge accepting the ocular testimony of PWs 1 and 3, placing reliance on the two dying declarations ... version of the prosecution in addition to the above ocular testimony and dying declarations is amply supported by the evidence of other witnesses
thus: -
“43. Learned trial Judge has legally and correctly interpreted the
ocular testimony of the witnesses. Here the accused took police
party and pointed ... prosecution case established while observing as
under: -
“54. Thus, the ocular testimony of P.W. 1 Smt. Nisha, P.W. 2 Km.
Anita
dent in their version; that the medical evidence assuredly
corroborates the ocular testimony of the eye witnesses; that the
defective and tilted investigation would ... concavity in the version of the
prosecution. As we find, the ocular testimony has been
corroborated by the medical evidence to a major extent
Malik. Moreover, whenever there is conflict between medical
evidence and ocular testimony normally ocular testimony should be
preferred unless it belies fundamental facts. Moreover when ... ocular testimony of P.W.3 which speaks volume that her husband
fired two gun shots which proved fatal so far as Bhola Singh
