Sharma was doubtful;
(iv) No independent witness was examined;
(v) The ocular testimony was inconsistent with medical evidence and that no dying declaration ... justifies the acquittal. Instead, the guilt was proved by convincing ocular testimony of PW 1 Sri Krishna Shanna and PW 2 Ravindra Sharnia who were
colour of convincing proof flowing from the ocular testimony adduced by the prosecution. In our opinion, the trial court laid unnecessary emphasis on the aspect ... nephew Jagmohan.We are definitely of the view that the ocular testimony of material eyewitnesses.could .not be doubted on the basis of such imaginary
argued by the learned Counsel for the accused respondents that since ocular testimony of the eye witnesses and medical evidence are at variance the prosecution ... considered opinion there is no real inconsistency between the ocular testimony and the medical evidence for twofold reasons: (i) it is not necessary that
that there is any inconsistency between ocular testimony of Gurubachan Sing PW 2 and Mahendra Singh PW 5 and the medical evidence. True, there ... inconsistency between medical evidence and the ocular testimony. The gunshot wound of entry of the deceased was medially backward and slightly upward whereby the Doctor
deceased.
23. To prove its case the prosecution has relied on ocular testimony of Deopal (P.W. 1), Devi Singh (P.W. 2) and Manohar ... clean cut and it had no tailing. The ocular testimony is clear on the point that injury No. 10 of Bahadur was caused by spear
clinchingly established the guilt of the accused Jagdish Murav. The ocular testimony, argued the State Counsel, was in complete harmony with the medical evidence ... this incident and that the distance of firing as per the ocular testimony did not reconcile with the medical evidence according to which, there
court below was justified in placing implicit reliance on the sworn testimony of PW 1 Munshi Ram, the injured as he narrated all the facts ... right parietal region. The medical evidence lends support to the ocular testimony of PW1 Munshi Ram, the injured regarding time of the occurrence
receive even a scratch in the incident and their ocular testimony is in conflict with the medical evidence. He doubted presence of PW 3 Prayag ... contradictions are of trivial nature not affecting credibility of the ocular testimony of the three eye witnesses who withstood the test of their cross-examination
testimony because he would naturally be interested in ensuring that real culprit is punished and not screened. As far as testimony of PW 2 Devi ... sustained in law as the trial court ignoring the ocular testimony corroborated by medical evidence and taking a suspicious view of the evidence based
explanation has been given by the prosecution. We note from the testimony of SI Shiv Raj Singh PW 4 that Puttu Lal had reached ... side of the accused went completely unexplained.
19. Lastly, the ocular testimony was not in conformity with the medical evidence. All the eyewitnesses of fact
