CASE TITLE- Chandan Vs The State (Delhi Admn.)
CASE NUMBER- Criminal Appeal No.788 Of 2012
DATED ON- 05.04.2024
QUORUM- Hon’ble Justice Sudhanshu Dhulia and Hon’ble Justice Prasanna B. Varale
FACTS OF THE CASE
The sister-in law of the deceased was returning from Ram Bazar, the deceased and the accused were walking a few steps ahead of her. After a few minutes she saw the accused stabbing the deceased multiple times with the knife he was carrying. The deceased fell on the ground and the accused/appellant fled away. The deceased was taken to the nearest hospital, by the time the deceased reached the hospital he was declared dead. Post-mortem was conducted on the deceased the next day. An FIR was registered on the date of incident itself on the statement of PW-2, the complainant. After investigation, the charge sheet was filed against the sole accused, Chandan. The accused got convicted under section 302, IPC. Aggrieved by this decision, an appeal was filed in the High Court. However, the High Court upheld the conviction and sentence. Against the decision of the High Court, the present appeal was filed before the Supreme Court.
ISSUE RAISED
No such Issue was raised before the court of law, however the court decided on whether Motive is an essential ingredient when there is direct evidence proving the guilt of the accused?
LEGAL PROVISION
Section 302 of Indian Penal Code, 1860
CONTENTIONS OF THE APPELLANT
The counsel appearing on behalf of the appellant contented that prosecution has not been able to establish any motive on the accused for committing this dastardly act is in fact true.
CONTENTIONS OF THE RESPONDENT
The counsel appearing on behalf of the respondent contented that, the forensic report showed that the blood of the deceased was found to be matching with the blood found on the knife which was recovered from the Accused/Appellant. The accused was then apprehended by the constable and the knife and shirt were accordingly recovered. The murder, the arrest of the accused and the recovery of the knife from him happened in quick succession. The entire ocular evidence put together by the prosecution does establish the guilt of the accused beyond a reasonable doubt. It was also contented that, in case where there is nothing to discredit the eye-witness, the motive itself is of little relevance.
COURT’S ANALYSIS AND JUDGEMENT
The Court dismissing the appeal, directed the Trial Court to undergo the remaining part of the appellant’s sentence. Also, the court upheld the contention of the prosecution that in presence of a direct ocular piece of evidence inspiring the confidence of the Court then the motive behind the commission of the offence would be of less relevance.
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Judgement Reviewed By- Shreyasi Ghatak
