Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.302 r/w s.34 s.307 rlw s.34 Penal Code |
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; s.307 r/w s.34 - Murder - Appellants armed with pistols attacked the complainant party resulting in death of 3 persons and injury to one - Conviction by courts below - On appeal, held: plea of appellant-BR that he was not guilty as he was not present when the incident took place and was in another city not acceptable as evidence showed that he was present when the incident occurred and as stated by the eye witnesses participated in the crime - regarding other appellants, there was overwhelming evidence given by the eye witnesses about the use of firearms by all - The evidence of the eye witnesses in regard to these appellants was consistent and there was no reason to differ with the concurrent findings arrived at by trial court as well as High Court - The appellants cannot take advantage of the death of one member of their party or injuries caused to other members of their group in the clash - Both the courts below were right in holding that the appellants were armed with pistols and that they had fired at the victims with the intention of killing them. Evidence: Medical evidence - Evidentiary value of - Held: There is no doubt that ocular evidence should be accepted unless it is completely negated by the medical evidence - The expression "medical evidence" compendiously refers to the facts stated by the doctor either in the injury report or in the post mortem report or during his oral testimony and the opinion expressed by the doctor on the basis of the facts stated - Whether the injury caused the death of the person is the opinion of the doctor - On the same set of facts, two doctors may have different opinion - Therefore, the opinion of a particular doctor is not final or sacrosanct - An opinion given by a doctor, based on the facts recorded on an examination of a victim of a crime, could be rejected by relying on cogent and trustworthy eye witness testimony. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2014 INSC 97 |
Petitioner | Bastiram |
Respondent | State Of Rajasthan |
SCR | [2014] 2 S.C.R. 567 |
Judgement Date | 2004-02-13 |
Case Number | 758 |
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