Sampath Kumar Vs. Inspector of Police, Krishnagiri
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Head Note
Indian Penal Code,1860 - Section 302 , Section 34
Murder Case - Motive - Sister of accused was in love with deceased which the accused not like and thus committed the murder - Case based on circumstantial evidence - Conviction of accused set aside - Accused could not be convicted only on the ground that he had motive to kill the deceased - Held - Presence of motive in the facts and circumstances of the case creates a strong suspicion against the appellant but suspicion, howsoever strong, also cannot be a substitute for proof of the guild of the accused beyond a reasonable doubt.
Indian Penal Code,1860 - Section 302
Conviction on basis of circumstantial evidence - The following tests must be satisfied -(1) The circumstances from which the conclusion of guilt is to be drawn should be fully established. (2) The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty. (3) The circumstances should be of a conclusive nature and tendency. (4) They should exclude every possible hypothesis except the one to be proved, and (5) There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
Indian Penal Code,1860 - Section 302
Murder Case - Motive - No evidence available against the accused but it was shown by the prosecution that accused had motive to commit the murder - Motive by itself is not enough to support a conviction especially in a case where the sentence can be capital punishment.
The Indian Evidence Act, 1872 - Section 3
Classification of witnesses - Held - (i) The are three categories of witnesses namely, (i) those that are wholly reliable, (ii) those that are wholly unreliable and (iii) who are neither wholly reliable nor wholly unreliable - In the case of the first category the Courts have no difficulty in coming to the conclusion either way - It can convict or acquit the accused on the deposition of a single witness if it is found to be fully reliable - In the second category also there is no difficulty in arriving at an appropriate conclusion for there is no question of placing any reliance upon the deposition of a wholly unreliable witness - It is only in the case of witnesses who are neither wholly reliable nor wholly unreliable that the Courts have to be circumspect and have to look for corroboration in material particulars by reliable testimony direct or circumstantial. AIR 1957 Supreme Court 614, relied.
Topic(s)-Motive , Classification of Witnesses
Important Decision(s)-
- Motive by itself is not enough to support a conviction especially in a case where the sentence can be capital punishment.
- Accused could not be convicted only on the ground that he had motive to kill the deceased.