Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Rigor mortis medical evidence ocular evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s. 302 r/w s. 34 - Murder - Deceased was shot at with revolver and rifle - Several accused - Conviction of accused-appellant - Justification - Held: Justified - Statement of related eye-witness (PW2) was rightly treated as FIR - Evidence of PW2 supported by other witnesses (PW3, PW5 and PW7) - Claim of appellant that he was falsely implicated not tenable - His conviction based on legal evidence on record and on proper appreciation of the same - Arms Act - s. 27. Evidence - Rigor mortis - Time of death - Opinion of doctor regarding complete vanishing of rigor mortis from the dead body after 36 hours - Correctness of - Held: Not correct - The medical officer deposed contrary to the rule of medical jurisprudence - On facts, the same could not be the basis for acquittal of the accused. Evidence - Discrepancy between medical and ocular evidence - Effect -Held: Between medical and ocular evidence, . the ocular evidence must be preferred |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 193 |
Petitioner | Umesh Singh |
Respondent | State Of Bihar |
SCR | [2013] 4 S.C.R. 797 |
Judgement Date | 2013-03-22 |
Case Number | 43 |
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