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
have primacy. In the event of contradictions between medical and ocular evidence, the ocular testimony of a witness will have greater evidentiary value ... 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
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 ... 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
appropriate for us to make appraisal of facts and the ocular testimony of the occurrence given by the prosecution witnesses of fact ... presence on the spot. There is no whisper either in the ocular testimony of this witness or in his written report Exhibit ka-2 about
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
house
in the name of the appellant.
D) the ocular testimony of Tawangarkhan
Gulzarkhan (PW-5),
E) the F.I.R. lodged by Asil ... caution, it will be necessary to have some corroboration to
the ocular testimony of Tawangarkhan (PW-5).
31. Insofar as the contention of the learned
Begam PW 3 are eye witnesses
to the occurrence. According to ocular testimony of PW2, Amin Sk. was
murdered on 24th Sraban, Sunday ... defensive plea, cannot be accepted.
It is axiomatic from ocular testimony of Momtaj Begam PW3 and
her statement u/s 164 Cr.P.C. Exbt
well as in post mortem examination report will not nullify the ocular testimony of PW-1 that Lathi blow was not given. In more ... mention of such blow would not prejudice the prosecution case if ocular testimony of the occurrence is found to be cogent and consistent.
After considering
attack on the deceased by A1 to A4 rests on the ocular testimony of
eyewitnesses, PWs5 to 7. Since there is ocular testimony ... necessary. In any view of
the matter, the ocular testimony of the direct witnesses cannot be discarded
on mere assumptions and surmises.
Fourthly: The further
medical evidence when the same is contrary to the ocular testimony of the witnesses. In the case of Umesh Singh Vs. State of Bihar reported ... 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
