apex court judgment on medical evidence
anant kumar
(Querist) 06 January 2011
This query is : Resolved
allegation against petioners is of giving farsa {sharp cutting weapon}blow upon head and hand of two injured persons who hav supported in trial as pws. however injury report of both injured shows simple injury caused by hard and blunt object.
thus ocular evidence of pws is completely falsified by medical evidence ,but still accesed have been convicted by both trial court and appellate court.
kindly cite any recent apex court judgement in favour of accused persons for their acc
Amit Minocha
(Expert) 06 January 2011
your querry is too vague. Please provide copy of judgments so as to fnd out exact reason of conviction by the Courts.
Raj Kumar Makkad
(Expert) 06 January 2011
If there is variance between the medical and ocular evidence, the latter has to be accepted, provided it stands the test of judicial scrutiny in the crucible of probabilities
Pala Ram versus State of Punjab 2009 (2) RCR (Criminal) 628 (P & H).