The Hon’ble Supreme Court of India opined that in case of evidence of the two eyewitnesses, the suggestion or opinion of the doctor cannot prevail as the opinion based upon probability is a weak evidence in comparison to the ocular evidence of eyewitnesses.
Brief Facts:
There was a dispute between the deceased and his real brother with regard to property in connection to which there was a civil suit between the parties which was decreed in favor of the deceased and the decree was under execution. All the accused persons unlawfully assembled in front of the house of the deceased with the common object of killing the deceased and his family members. The deceased Shivanna upon sustaining injuries died. The Trial Court convicted A-1 to A-7 and sentenced them to undergo maximum imprisonment for life with a fine. The conviction was upheld by the High Court. Hence, the present appeal.
Observations of the Court:
It was noted that the 2 eyewitnesses were present at the scene of the incident and were grievously injured. Their testimony in the background of the case was the best evidence. No doubt, they were members of the family and may be interested persons but their testimony could not be discarded simply for the reason that they are family members.
The Court noted that only one kind of weapon i.e. chopper was used in committing the crime and, therefore, the evidence of the doctor may not be matching with that of the prosecution, but the ocular evidence of the eyewitnesses was sufficient enough to prove that only chopper was used as a weapon of crime. It was held that in the light of the said evidence of the two eyewitnesses, the suggestion or opinion of the doctor cannot prevail as the opinion based upon probability is a piece of weak evidence in comparison to the ocular evidence of eyewitnesses.
The decision of the Court:
Based on the aforementioned reasons, the Hon’ble Supreme Court accordingly dismissed the appeal.
Case Title: Haalesh @ Haleshi @ Kurubara Haleshi v State of Karnataka
Coram: Hon’ble Justice Abhay S. Oka and Hon’ble Justice Pankaj Mithal
Citation: 2024 Latest Caselaw 69 SC
Advocate for the Appellant: Adv. Mr. Sameer Shrivastava
Advocate for the Respondents: Adv. Ms. Bina Madhavan
Read Judgment @LatestLaws.com
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