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1 - 10 of 14 (0.20 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 165 in The Indian Evidence Act, 1872 [Entire Act]
Sheo Shankar Singh vs State Of Jharkhand & Anr on 15 February, 2011
33. Now coming back to the substratum of the case of the prosecution that the accused Sushila and Jagdish had an illicit relationship and, therefore both of them had murdered the deceased Dhansi, who happened to be the husband of accused Sushila, the evidence of the prosecution and the defence shall have to be revisited, as proof of motive would be one of the important aspects to be taken into consideration by the courts for coming to the final conclusion in such cases. So far as motive is concerned, the settled legal position has been reiterated by the Apex Court in case of Sheo Shankar Singh Vs. State of Jharkhand (2011) 3, SCC 654, in which it has been observed in para 15 as under :-
Maqbool @ Zubir @ Shahnawaz & Anr vs State Of A.P on 8 July, 2010
36. Before parting, it is required to be noted that since this court has found that the Investigating Officer Mr. Kamlesh Choudhary had not carried out the investigation in a fair and impartial manner, rather had tried to misdirect the investigation by tampering with the evidence with a view to help the accused,and had taken the trial court for a ride, necessary action deserves to be taken against him by the Director General of Police, Rajasthan in accordance with law, as was sought to be done by the Apex Court in case of Maqbool Vs. State of Andhra Pradesh (2010) 8 SCC 359. Accordingly we direct the Director General of Police, Rajasthan to take necessary action against the said Investigating Officer Mr. Kamlesh Choudhary in accordance with law and report to this court.
Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi on 11 January, 2012
31. It has also been held by the Apex Court in the latest decision in case of Mohd. Hussain Vs. State (Govt. of NCT of Delhi), (2012) 2 SCC 584, as under in para 54:-
Shivaji Genu Mohite vs The State Of Maharashtra on 20 September, 1972
Conversely even if prosecution succeeds in establishing a strong motive for the commission of the offence, but the evidence of the eye-witnesses is found unreliable or unworthy of credit, existence of a motive does not by itself provide a safe basis for convicting the accused. That does not, however, mean that proof of motive even in a case which rests on an eye-witness account does not lend strength to the prosecution case or fortify the court in its ultimate conclusion. Proof of motive in such a situation certainly helps the prosecution and supports the eye-witnesses. See Shivaji Genu Mohite v. The State of Maharashtra, (1973) 3 SCC 219, Hari Shanker v. State of U.P. (1996) 9 SCC 40 and State of Uttar Pradesh v. Kishanpal and Ors. (2008) 16 SCC 73.
State Of U.P vs Kishanpal & Ors on 8 August, 2008
Conversely even if prosecution succeeds in establishing a strong motive for the commission of the offence, but the evidence of the eye-witnesses is found unreliable or unworthy of credit, existence of a motive does not by itself provide a safe basis for convicting the accused. That does not, however, mean that proof of motive even in a case which rests on an eye-witness account does not lend strength to the prosecution case or fortify the court in its ultimate conclusion. Proof of motive in such a situation certainly helps the prosecution and supports the eye-witnesses. See Shivaji Genu Mohite v. The State of Maharashtra, (1973) 3 SCC 219, Hari Shanker v. State of U.P. (1996) 9 SCC 40 and State of Uttar Pradesh v. Kishanpal and Ors. (2008) 16 SCC 73.
State Of Karnataka vs K. Yarappa Reddy on 5 October, 1999
In case of State of Karnataka Vs. K. Yarappa Reddy (1999) 8 SCC 715, the Apex Court while dealing with the similar issue observed as under :-