Law:

Section:

(a) Penal Code (XLV of 1860), S. 302-Motive-Murders may .be committed wantonly or without motive - Nevertheless, where motive, alleged by prosecution, found to be false, evidence of witnesses on premises of a false motive to be scrutinized. In ordinary human conduct where killing takes place by design, it is not without a motive strong or weak. This is not to say that murders are not committed wantonly without any motive whatsoever. Motiveless murders do occur owing to mad or -reckless acts of inhuman nature. Sometimes a motive lies myste­riously hidden in the mind of the killer with no means to dig it out on the surface. But it may be stated as a rule of prudence .in judging human conduct that where a motive is alleged by the prosecution Which is found to be false, it becomes all the more necessary to scrutinise the credentials of the witnesses who by their evidence direct or indirect speak about the guilt of an accus­ed person ©n the premises of a false motive. Where, therefore, the alleged motive was found to be absent being untrue it was held that the Courts should have been very much on their guard to accept the story of the prosecution of which the motive was an important constituent and which depended for its acceptance on the statement of a single witness who supported that story including the motive. (b) Penal Code (XLV of 1860), S. 302-Witness-Prosecution witness related to deceased as well as accused-Mere relationship with both cannot make him an impartial witness. (c) Penal Code (XLV of 1860) S. 302-Witness-Credibi­Iity-Prosecution witness making false concession in favour of accused-Veracity of statement damaged. The witness has to be taken on his own words. If he has made a false concession in favour of the accused persons and has compromised 'his integrity, his veracity is evidently damaged. If he is capable of making a false statement for one party he is equally capable of making it for the sake of the other party. (d) Criminal Procedure Code (V of 1898), S. 164-False statement-Cannot become true merely by its consistent or constant repetitions. (e) Evidence Act (I of 1872), S. 157-Expression "at or about the time"-Factor of "time" very…

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