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When evidence of eye witnesses is credible and trustworthy, differing medical opinion cannot be accepted as conclusive

In Sanjay Khanderao Wadane Vs. State of Maharashtra, the Supreme Court said that the evidence of a medical person is merely an opinion which lends corroboration to the direct evidence in the case. It has been observed in various cases of this Court that, where the eye witnesses' account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive.

If prosecution is able to prove its case beyond reasonable doubt and cumulatively, evidence of the prosecution, including time of death, is proved beyond reasonable doubt and same points towards the guilt of the accused, then it may not be appropriate for the Court to wholly reject the case of the prosecution and to determine the time of death with reference to the stomach contents of the deceased. 

This Court in a catena of cases has stated the dictum that, medical opinion is admissible in evidence like all other types of evidence and there is no hard-and-fast Rule with regard to appreciation of medical evidence. It is not to be treated as sacrosanct in its absolute terms. Further, in Malay Kumar Ganguly v. Sukumar Mukherjee, it has been held by this Court that, the opinion could be admitted or denied. Whether such evidence could be admitted or how much weight should be given thereto, lies within domain of Court. 

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