death.
52. The law on the point of alleged discrepancies between ocular testimony and medical/post-mortem report needs to be discussed in brief here ... 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
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
necessary to find corroboration.
Son PW-3 stated in his ocular testimony that he found accused/appellant
causing assault to deceased when he was going ... throat of
deceased, the same would not ipso facto improbalise the ocular testimony of
direct witness like Pw-5 keeping in view that
where there is a contradiction between
the medical evidence and ocular evidence, the ocular
testimony of the witness has greater evidentiary value visa-
vis medical ... contradiction be-
tween medical evidence and ocular evidence, the
law is that though the ocular testimony of the eye
witness has greater evidentiary value
minutes which is not relevant in view of the ocular testimony supported by medical evidence establishing the time of incident alleged by prosecution
that incident was not witnessed by alleged eye-witnesses.
(iv) that ocular testimony is not consistent with medical evidence. It was submitted that ... copy of FIR to Magistrate .
28. It was argued that ocular testimony is not consistent with the medical evidence. In this regard, it was submitted
hospital from the place of occurrence is 10 km. As per the testimony of P.W.1 and P.W.3, the tractor of Panna ... though the existence of motive loses significance when there is reliable ocular testimony, in a case where the ocular testimony appears to be suspect
contradictory to ocular evidence
that the accused dealt three blows.
ii. When the medical evidence is contradictory to the ocular
testimony, the non-production ... fairly submits that for the discrepancy with the medical
evidence with ocular testimonies, the ocular testimonies of P.W.7
should be given primacy
appreciate that the medical evidence was totally
inconsistent with the ocular testimony of the witnesses. The
consistent case of the prosecution right from the beginning ... there is any
inconsistency in the medical expert evidence and the ocular
testimony, the ocular testimony has to be given preference over
the expert opinion
