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Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): N. Santosh Hegde, Ashok Bhan, B. P. Singh , JJJ

(A) Penal Code (45 of 1860) , S.300— Murder - Eye-witnesses evidence - Contradictory to opinion of ballistic expert - Eye-witnesses deposing that accused-appellant fired fatal shot from mouser rifle - Other accused alleged to have fired at son of deceased by .12 bore gun but missed and hit the wall - Report of ballistic expert that discharged empties of cartridge found near dead body was not fired from mouser rifle - On the contrary bullets recovered from wall opined to be fired from mouser rifle of appellant - Eye-witnesses examined were all relatives of deceased - Their evidence inter se was also contradictory - Eye-witness evidence cannot therefore be preferred despite contradiction - Benefit of contradiction given to other accused also available to accused-appellant. Crl. A. No. 217 of 1986, D/- 6-5-2002 (MP), Reversed. (Para 7 8) (B) Evidence Act (1 of 1872) , S.3— Eye-witness evidence - Reliability - Their presence at spot - Proof - Version of eye-witnesses contradictory to report of ballistic expert - Report of ballistic expert though contrary to oral evidence not clarified by prosecution - Raises doubt about presence of eye-witness at spot. (Para 7) .....