RAM BALI v. STATE OF UTTAR PRADESH

According to the prosecution, there was enmity between the family members of the complainant and the appellant-accused due to litigations and for that reason the appellant-accused had assassinated the deceased. The trial Court convicted the appellant-accused and the High Cous:t affirmed the conviction. Hence the appeal. E F On behalf of the appellant-accused, it was contended that the medical evidence was clearly at variance with the ocular evidence; that the deceased had taken lunch at 2 PM but the postmortem showed the stomach of the deceased was empty_ which proved that the incident took place G around 9 PM and not around 6 PM as alleged; that the investigation was defective inasmuch as the gun was not sent for forensic test; and that thF judgment was delivered long after the hearing was closed and, therefore, the arguments made before the High Court had not been properly considered. 195 H 196 SUPREME COURT REPORTS [2004) SUPP. I S.C.R. A Dismissing the appeal, the Court HELD: 1. The statement of as to what transpired at the hearing, the record in the judgment of the Court are condusive of the facts so stated and no one can contradict such statement on affidavit or by other evidence. If a party thinks that the happenings in Court have been erroneously B recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the Judges who have made record to make necessary rectification. That is the only way to have the record corrected. It is not open to the appellant to contend before this Court to the contrary. (200-C-D) c