AIR 2019 SUPREME COURT 2983

Supreme Court Of India

: AIROnline 2019 SC 352 (From: Madhya Pradesh)*

Hon'ble Judge(s): R. Banumathi, R. Subhash Reddy , JJ

Harnam Singhv.State of Madhya Pradesh(A) Penal Code (45 of 1860) , S.302, S.341, S.34— Arms Act (54 of 1959) , S.25(1A), S.27— Evidence Act (1 of 1872) , S.3, S.45— Murder - Expert evidence - Conflict with ocular evidence - Effect - Accused armed with country made pistol allegedly causing death of deceased by firing - Recovery of pistol, blood-stained clothes from house of accused - Pistol found to be in operative condition in forensic test - Though FSL report stated that barrel marks are not sufficient to give decisive matching, when case of prosecution is based on eye-witnesses, indecisive opinion given by experts would not affect prosecution case - Testimonies of eye-witnesses corroborated by each other - Alleged inconsistencies between evidence of eye-witnesses and that of medical evidence are minor contradictions and they do not shake the prosecution case - Accused liable to be convicted. AIR 2004 SC 4545, Rel. on. (Para 10 27 29 30) (B) Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3, S.155— @page-SC2984Eye-witness - Evidentiary value - Murder trial - Alleged contradictions in evidence of eye-witnesses - Power of observation differs from person to person witnessing attack - So long as eviden....