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1 - 10 of 19 (0.38 seconds)The Indian Penal Code, 1860
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Khurshid Ahmed vs The State Of Jammu And Kashmir on 15 May, 2018
Khurshid Ahmed Vs State Of Jammu And Kashmir
reported in 2018 7 SCC 429). In the present case also there is direct and
reliable evidence in relation to occurrence of the incident, hence, not
proving the motive for commission of the offence does not hold
much relevance.
Section 308 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Karnail Kaur & Ors vs State Of Punjab & Ors on 22 January, 2015
"48. PW-11 (brother-in-law of the deceased) in his
testimony has deposed that 'Volunteer, there was
electricity coming from an iron grill at the roof and light
was coming from that iron grill also. Again said, light
was coming from nearby houses at the place of
occurrence but there was no bulb or tube light at the
place of occurrence'. It is relevant to point out that the
date i.e. 28.04.2010, on which the incident took place,
was a full moon night. The presence of natural light at
the place of incident makes it plausible for the witnesses
to have actually witnessed the incident. Further, it is
imperative to note that the Supreme Court time and
again has emphasized that it is possible in full
moonlight to identify the accused. The Hon'ble Supreme
Court in the case of Karnail Singh and Ors. vs. State of
Punjab reported in AIR 1971 SC 2119, has held as
under:
Israr vs State Of U.P on 6 December, 2004
49. Reference can also be made to Israr vs. State of U.P.
reported in AIR 2005 SC 249 wherein the Apex Court
has held as under:
Yogesh Singh vs Mahabeer Singh & Ors on 20 October, 2016
However, it is a settled legal proposition that even if the
absence of motive as alleged, is accepted, the same is of no
consequence and pales into insignificance when direct evidence
establishes the crime. Therefore, in case where there is trustworthy
evidence of witnesses as to commission of an offence, the motive
part loses its significance. (Ref. Yogesh Singh v. Mahabeer Singh reported in
(2017) 11 SCC 195), ( Ref .