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Issues: Whether the conviction of the appellants for offences under Sections 302, 149 and 148 of the Indian Penal Code, 1860 was liable to be interfered with on the ground that the eyewitness account was unreliable and inconsistent with the medical evidence.
Analysis: The evidence of the eyewitnesses was accepted as trustworthy. The incident occurred around 6.00 p.m. in the open fields, and the plea of insufficient light was rejected. The Court also held that the recall of PW 2 after his evidence had been completed was not in accordance with law, and his earlier sworn testimony could not be displaced by a later inconsistent version given before another forum. The medical evidence showed multiple injuries on the deceased, including head injuries, which were held to be consistent with the ocular version and the use of an axe with its blunt side.
Conclusion: The conviction and sentence were sustained and the challenge to them was rejected.
Final Conclusion: The prosecution case was held to be proved beyond reasonable doubt on the basis of credible eyewitness testimony corroborated by medical evidence, and no interference with the conviction was warranted.
Ratio Decidendi: Where credible eyewitness evidence is corroborated by medical evidence, and no legally acceptable reason exists to discard that evidence, the conviction will not be disturbed merely because of a later inconsistent version by a witness before another forum.