FIRST LAW

SUPREME COURT OF INDIA | Abhay Manohar Sapre & Dinesh Maheshwari , JJ. R. Jayapal v. State of Tamil Nadu, Crl.A. No. 56 of 2010 09-08-2019 The India Penal Code, 1860 - Section 302 - Murder - In the given circumstances, the likelihood of the deceased, who was on inimical terms with the wife of the accused, having given the reasons for provocation by way of aggression or attempted intrusion into the house of the accused is not ruled out. The incident in question took place without any premeditation, in a sudden fight in the heat of passion upon a sudden quarrel, when the deceased attempted entry into his house; and the accused did neither take any undue advantage nor acted in a cruel or unusual manner. A fortiori, Court inclined to extend the benefit of Exception 4 of Section 300 IPC to the accused. However, the act of the accused leading to the death having been with the intention of causing such bodily injury as is likely to cause death, the accused deserves to be convict...

The Indian Penal Code, 1860 - Sections 302, 364, 328, 394 and 201 - Murder - Recovery of the Ornaments - The only evidence that has been projected by the prosecution against the accused is the recovery of the ornaments which purportedly belongs to the deceased. The recovery of the articles belonging to the deceased may in some instances be treated as proof of committing the crime, but, in cases where there is doubt as to whether the ornaments actually belonged to the deceased, it will be difficult to take such a view as well.

Relationship of Witness with the deceased cannot be the reason for doubting the testimony of the Witness - relationship is not a ground affecting the credibility of a witness.

Penal Code, 1860 - S. 302 - Murder - Motive - I t is not an indispensable requirement in a criminal trial to prove and establish motive on the part of the accused for commission of a crime.