Indian Penal Code, 1860
Section 302—Murder—Conviction—Prosecution case is based on eye-witness account of TSR driver and appellant/accused was apprehended at the spot and testimony of eye-witness is further substantiated by other witnesses, medical and forensic evidence—Evidently the appellant/accused took a false plea of alibi at a belated stage, which itself calls for drawing of an adverse inference against the appellant/accused—Unimpeached testimony of eye-witness corroborated by testimonies of other witnesses—It stands established that appellant/accused demanded money from the deceased, he then assaulted the deceased with sua and after the assault, the appellant/accused ran from the spot trying to flee away but was chased by TSR driver and Head Constable and apprehended by Head Constable near the spot with the said sua in hand—Motive for assault can be drawn from circumstances of case—Even if the same is ignored, suffice it to stated that absence of motive is not always fatal to the prosecution case—Much less in the facts and circumstances of the present case where the prosecution case has been proved beyond reasonable doubt on the basis of trustworthy eye-witness account and testimony of other witnesses and other evidence on record—Failure of appellant to demonstrate any infirmity or illegality in impugned judgment—Conviction upheld.
[Paras 14.2 to 17]