"Evidence Of Witness Can't Be Disbelieved On Ground Of Minor Contradictions In Testimony": Allahabad High Court Upholds Murder Conviction

The Allahabad High Court has reiterated that minor contradictions in the testimony of a witness which do not go to the root of the matter are not material contradictions and on this ground alone, the evidence of such witness cannot be brushed aside/disbelieved.Observing thus, the bench of Justice Sunita Agarwal and Justice Sadhna Rani upheld the judgment and order of Sessions. The Allahabad High Court has reiterated that minor contradictions in the testimony of a witness which do not go to the root of the matter are not material contradictions and on this ground alone, the evidence of such witness cannot be brushed aside/disbelieved. The Sessions Court framed charges against all the three accused persons Rajendra, Rajeev, and Surya Udai Veer Shatru Daman Singh alias Sonu in January 2007 under Section 302/34 I.P.C. However, the Court held that where there is contradiction between medical and ocular evidence though ocular testimony of witness has greater evidentiary value vis-a-vis medical evidence and that where eye witness account is found credible and trustworthy, medical opinion pointing to alternative possibilities cannot be accepted as conclusive.