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    <title>2009 (4) TMI 1071 - Supreme Court</title>
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    <description>SC held that an injured witness&#039;s hospital statement was reliable where a medical officer certified fitness to speak, police recorded it in his presence, and it was promptly sent to the Magistrate. The injured eyewitnesses were treated as natural witnesses, and their evidence was corroborated by medical and surrounding circumstances; in a group assault, the absence of specific overt acts against each accused did not undermine credibility. The Court also held that omission to expressly mention Section 149 IPC in the murder charges did not vitiate conviction under Section 302 IPC, because the charge as a whole conveyed unlawful assembly and common object, and no prejudice or failure of justice was shown.</description>
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    <pubDate>Tue, 21 Apr 2009 00:00:00 +0530</pubDate>
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      <title>2009 (4) TMI 1071 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=463998</link>
      <description>SC held that an injured witness&#039;s hospital statement was reliable where a medical officer certified fitness to speak, police recorded it in his presence, and it was promptly sent to the Magistrate. The injured eyewitnesses were treated as natural witnesses, and their evidence was corroborated by medical and surrounding circumstances; in a group assault, the absence of specific overt acts against each accused did not undermine credibility. The Court also held that omission to expressly mention Section 149 IPC in the murder charges did not vitiate conviction under Section 302 IPC, because the charge as a whole conveyed unlawful assembly and common object, and no prejudice or failure of justice was shown.</description>
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      <pubDate>Tue, 21 Apr 2009 00:00:00 +0530</pubDate>
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