Supreme Court · 2009 INSC 213 · Decided 18 February 2009

Chhotanney & ORS. v. State of Uttar Pradesh & ORS.

Court
Supreme Court of India
Citation
2009 INSC 213 · [2009] 2 S.C.R. 756
Case number
CRIMINAL APPEAL No. 441/2002
Decided
18 February 2009
Bench
ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 149, 147; Evidence Act

Headnote

"" Evidence Act, 1872 : .. c s. 3 - Testimony of eye witness - Evidentiary value of - Held: When eye witnesses account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive - Eye witnesses independent assessment - On facts, there D was no conflict between ocular evidence and medical evidence - Thus, conviction of main accused uls. 302 rlw s. 201 and ~ s. 148 and co-accused uls. 302 rlw s. 149 and s. 147 /PC by ... courts below justified. Criminal Law - Evidence - Standard of proof

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