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Documents citing Mangaru Gupta And 3 Ors. vs State Of U.P. And Another on 13 October, 2014

Jeetan Kurmi And Others vs State Of U.P. on 21 December, 2015

20. Considered the submissions of learned counsel for the parties. As far as the motive is concerned in the present case since very beginning motive was mentioned from side of the prosecution in the F.I.R. and it was a prompt F.I.R. which was lodged and registered on 4.7.2007 at 2.15 A.M. regarding the incident dated 3.7.2007 which took place at about 10.30 P.M. Subsequently, the motive was supported in the statement. So it is incorrect to say that there was no motive rather there was a clear motive because one person of 'Mallah' caste namely Shanker Mallah assisted police party for search of Sailesh Kurmi due to which persons of 'Kurmi/Patel' community were annoyed and in a pre-planned manner, there was attempt to kill persons of 'Mallah' community, even though they were innocent because as per averment only Shanker Mallah assisted the police for search of Sailesh who was hardened criminal. The raid was conducted in the house of Sailesh and at other places in search of Sailesh Kurmi. Though the witnesses who became hostile have not supported the prosecution case with regard to the motive as well as involvement of the appellants. However as far as motive is concerned it is well settled that motive might be of importance in the cases of circumstantial evidence but in cases of direct evidence motive looses its value in view of the judgment of the Apex Court in the case of Mangaru and Others Vs. State of U.P. 2008 (62) ACC Page 40 It is also well settled that there is no hard and fast rule that where the prosecution fails to prove the motive for commission of the crime then prosecution case must be disbelieved and it must necessarily result in acquittal of the accused.
Allahabad High Court Cites 16 - Cited by 0 - A K Tripathi - Full Document
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