FIRST LAW

In a case of direct evidence (a) motive is not a relevant factor and (b) the prosecution can succeed only when the eye witnesses of the occurrence are held to be credible and reliable and their testimony is trustworthy, (c) if the defence has failed to or omitted to cross examine a witness on a particular issue then it cannot be raised in appeal.

Ranbir Penal Code -  Ss. 302/341 -  ‘Motive’ is an emotion which compels the person to do a particular act. But in all the cases, it will be very difficult for the prosecution to prove the real motive. Motive is a double edged weapon when there is a direct and reliable evidence available on record, motive loses its importance. In a case of circumstantial evidence, motive assumes greater importance than in the case of direct evidence. In a case of direct and compelling evidence, even assuming that no motive is attributed, still the prosecution version has to be examined.  [Para 16]

Penal Code, 1860 – Ss. 301 & 201 -  Motive - Circumstantial Evidence - deceased was seen alive in the company of appellant - appellant has confessed his crime and made a disclosure statement - recovery of shovel was not linked in commission of offence - The deceased was selling tea and refreshment and the possibility of shovel being in his shop is doubtful - The prosecution has failed to complete the chain in the present case from the very inception, the manner, in which, the deceased had died - Appeal is allowed - Judgment and order is set aside - appellant is acquitted by giving him the benefit of doubt.