Supreme Court · 2004 INSC 627 · Decided 29 October 2004
State of Madhya Pradesh v. Dharkole @ Govind Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 627 · [2004] SUPP. 5 S.C.R. 780
- Case number
- CRIMINAL APPEAL No. 238/2004
- Decided
- 29 October 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149; CrPC Section 154
Headnote
Criminal trial Medical evidence-At variance with ocular evidence-Weapon C supposedly used not sharp enough to cause irljuries as per medical evidence­ Held: Hypothetical answers of medical witnesses pointing to alternative possibilities cannot be accepted as conclusive and accorded undue not appearing in FIR-That by itself cannot be D ground to do'1bt their evidence, especially as there is no requirement of mentioning names of all witnesses therein-Cr.PC-Sec. 154. Evidence E Witness-Non-examination by prosecution-If witness was not likely to support the prosecution version,
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