Penal Code, 1860 – s. 302 – Murder – Prosecution case that accused stabbed the victim multiple times with the knife he was carrying, resulting in the death of the victim – Victim’s sister-in-law witnessed the incident from a short distance – Conviction and sentence u/s. 302 by the courts below – Interference with:
Held: Not called for – Blood of the deceased clearly matched with the blood found on the knife recovered from the accused, together with the ocular evidence of a reliable eye-witness of the incident – Murder, the arrest of the accused and the recovery of the knife from him happened in quick succession, with a very little time gap – Entire evidence put together by the prosecution establishes the guilt of the accused beyond a reasonable doubt – Submission that the prosecution not been able to establish any motive on the accused for committing this dastardly act is true, but since in the instant case there is nothing to discredit the eye-witness, the motive itself is of little relevance – Lack or absence of motive is inconsequential when direct evidence establishes the crime. [Paras 4-6]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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