Person can be convicted even if motive not established: SC

“Motive is in the mind of the accused and can seldom be fathomed with any degree of accuracy,” a bench of Justices P Sathasivam and B S Chauhan said in a judgement.

The apex court delivered the verdcit while dismissing the appeal filed by a murder convict Bipin Kumar Mandal who had stabbed to death his wife Usha Rani and younger son Ajit Mondal.

Interestingly,in this case,the prosecution was not able to establish the motive for the murder though it managed to rope in the accused’ elder son Sujit Mondal as the eye witness besides certain relatives to support the charge.

In the apex court,Bipin took the plea that he was innocent and the prosecution had failed to establish any motive for the murder.

Rejecting the argument,the apex court said undoubtedly,there is nothing on record to show as what could be the motive behind the murder of the wife and son by Bipin.

“However,it can be difficult to understand the motive behind the offence. The issue of motive becomes totally irrelevant when there is direct evidence of a trustworthy witness regarding the commission of the crime.

“In such a case,particularly when a son and other closely related persons depose against the appellant,the proof of motive by direct evidence loses its relevance,” the apex court observed.

In the instant case,the bench said the ocular evidence is supported by the medical evidence.

“We reach the inescapable conclusion that there is nothing on record to show that there could be any reason for Sujit Mondal,PW-1,a son,to falsely implicate and rope his father into such a gruesome murder or the other witnesses,who had been so close relatives and neighbours of the appellant,would support the prosecution case.

“In fact,motive is a thing which is primarily known to the accused himself and it may not be possible for the prosecution to explain what actually prompted or excited him to commit a particular crime,” the judges said while dismissing the appeal.