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
various material points regarding recovery memo and site plan to discredit the testimony of the prosecution witnesses who are said to be the eyewitnesses ... 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
incident has been described in the FIR is contrary to the ocular testimony, medical evidence and the site plan. It has been disclosed ... serious shadow of doubt on the veracity and truthfulness of the ocular testimony of the prosecution witnesses. The dimension of injury
learned Additional Sessions Judge has had to rely on the ocular testimony of twelve prosecution witnesses, the medical evidence of the injuries sustained ... added advantage of observing the demeanour of the witnesses giving the ocular testimony and appreciating them in the light of the medical evidence
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
full of
contradictions, omissions and improvements. Not only this, but the
ocular testimony of these witnesses is not corroborated by any other
evidence ... contrary, ocular testimony is in contradiction with
the Spot Panchanama. When all these witnesses have stated that the
deceased were in pool of blood
informant also did not see the occurrence. Their ocular testimony and version regarding theory of three shots being fired on the spot by the assailants ... that four gunshot wounds have been found on the body whereas ocular testimony confirms and restricts firing to three shots only at the time
Vijendra Pal Singh and PW2 Pradeep Kumar.
(3)The ocular testimony does not corroborate the post mortem report of the deceased, hence the trial Court ... proved its case beyond reasonable doubt against them by the ocular testimony of the two injured persons, namely, PW1 and PW2 respectively.
Learned
case of contradiction between medical and ocular evidence can be crystallised to the effect that though the ocular testimony of a witness has greater evidentiary ... value vis-à-vis medical evidence, when medical evidence makes the ocular testimony improbable, that becomes a relevant factor in the process of the evaluation
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
