Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Motive

Sunday, October 31, 2010
Motive

Motive — Prosecution is not supposed to prove motive when prosecution relies on direct evidence, i.e., evidence of eyewitnesses. In this case, the prosecution has examined first informant as PW1 who has lost his brother in the incident as well as PW2 Madan Lal who lost five members of his family — Their evidence is found to be trustworthy and unimpeachable — As observed earlier, their evidence does not suffer from major contradiction and/or improvements nor noticeable embellishment have been made by them — As the prosecution has led acceptable eye-witnesses account of the incident, this Court is of the firm opinion that failure to establish motive would not entitle the respondents to claim acquittal.

 
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