Supreme Court · 2007 INSC 783 · Decided 25 July 2007
State of U.P. v. Mushtaq Alam
- Court
- Supreme Court of India
- Citation
- 2007 INSC 783 · [2007] 8 S.C.R. 526
- Case number
- CRIMINAL APPEAL No. 284/2001
- Decided
- 25 July 2007
- Bench
- ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307
Headnote
.... Penal Code, 1860-s. 302-Murder-Prosecution for-Conviction by A trial court in view of evidence of one eye-witness and two other witnesses- c Acquittal by High Court disbelieving the evidence of the witnesses and finding the oral evidence contrary to medical evidence-On appeal, held: Accused does not suffer from infirmity. Evidence-Oral evidence vis-a-vis medical evidence-Evidentiary D value-Held: Though oral testimony has to get preference over medical evidence yet, when Medical evidence totally improbablises an oral testimony, •· ~ it is a relevant factor.
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