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1 - 10 of 14 (0.32 seconds)Section 25 in The Arms Act, 1959 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Arms Act, 1959 [Entire Act]
State Of Uttar Pradesh vs Moti Ram And Anr. Etc. Etc on 2 May, 1990
"5...........The Courts below have concurrently
held that the motive suggested by the
prosecution against the accused persons is
established. When there is sufficient direct
evidence regarding the commission of the
offence, the question of motive will not loom
large in the mind of the court. It is true that this
Court has held in State of U.P. Vs. Moti Ram
[(1990) 4 SCC 389] that in a case where the
prosecution party and the accused party were in
animosity on account of series of incidents over
a considerable length of time, the motive is a
double-edged weapon and the key question for
consideration is whether the prosecution had
convincingly and satisfactorily established the
guilt of all or any of the accused beyond
reasonable doubt by letting in reliable and
cogent evidence. Very often, a motive is alleged
to indicate the high degree of probability that
the offence was committed by the person who
was prompted by the motive. In our opinion, in
a case when motive alleged against the accused
is fully established, it provides a foundational
material to connect the chain of circumstances.
We hold that if motive is proved or established, it
affords a key or pointer, to scan the evidence in
the case, in that perspective and as a
satisfactory circumstance of corroboration. It is
a very relevant, and important aspect - (a) to
highlight the intention of the accused and (b) the
approach to be made in appreciating the totality
of the circumstances including the evidence
disclosed in the case. The relevance of motive
and the importance or value to be given to it are
tersely stated by Shamsul Hauda in delivering
the Tagore Law Lectures (1902) - The Principles
of the Law of Crimes in British India at page
176, as follows :
Section 25 in The Indian Penal Code, 1860 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Section 8 in The Indian Evidence Act, 1872 [Entire Act]
Dharnidhar vs State Of U.P. & Ors on 8 July, 2010
In the case of Dharnidhar
(supra), it has been observed that :