AI Overview...
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Calling the Deceased Without Motive - Merely calling or being in proximity to the deceased without any underlying motive is generally insufficient to establish guilt for murder. Courts emphasize that motive is a relevant factor but not an absolute requirement for conviction, especially when strong circumstantial evidence exists. SRI V. KARTHIK vs STATE OF KARNATAKA - Karnataka, KOUSHAL PATWA vs STATE OF CHHATTISGARH - Chhattisgarh, VIJAYAN,C.NO.962,C.PRISON,KANNUR vs STATE OF KERALA - Kerala
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Circumstantial Evidence and Presence - Courts often rely on circumstantial evidence such as last seen together, recovery of weapons, or suspicious behavior. However, the presence of the accused at the crime scene or during relevant times must be firmly established beyond mere probability. BIREN MALI vs THE STATE OF ASSAM - Gauhati, VIJAYAN,C.NO.962,C.PRISON,KANNUR vs STATE OF KERALA - Kerala, ABID vs STATE (NCT OF DELHI) - Delhi
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Motive and Its Role - While motive can strengthen a case, its absence does not necessarily preclude conviction if other strong evidence indicates guilt. Several judgments highlight that many murders occur without a clear motive, and courts have convicted based on the totality of circumstances and evidence like threats, confessions, or acts suggesting intent. SRI V. KARTHIK vs STATE OF KARNATAKA - Karnataka, VIJAYAN,C.NO.962,C.PRISON,KANNUR vs STATE OF KERALA - Kerala, ABID vs STATE (NCT OF DELHI) - Delhi
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Intent and Degree of Crime - The courts differentiate between intention to kill and culpable homicide. Acts such as pushing or assault may result in death without an explicit intent to murder, especially if the evidence suggests accidental or unintentional death. The presence or absence of motive influences the assessment of intent but is not solely determinative. VIJAYAN,C.NO.962,C.PRISON,KANNUR vs STATE OF KERALA - Kerala, RANGIAH VS STATE OF KARNATAKA - Karnataka, Phool Chand Yadav VS State of U. P. - Allahabad
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Specific Case Insights - Several cases demonstrate that even without motive, strong circumstantial evidence (e.g., weapons, threats, last seen together) can lead to conviction. Conversely, failure to establish motive or intent can result in acquittal or overturning of convictions. KOUSHAL PATWA vs STATE OF CHHATTISGARH - Chhattisgarh, vs - Kerala, Bhogadi Venkatramaiah VS State Rep. by its Public Prosecutor High Court of Andhra Pradesh - Andhra Pradesh
Analysis and Conclusion:
Merely calling the deceased or being in contact without a motive does not amount to murder. Courts recognize that motive, while relevant, is not essential for conviction if other substantial circumstantial evidence indicates guilt. The focus remains on the totality of evidence—such as presence at the crime scene, weapons, threats, and actions—that collectively establish the accused's involvement beyond reasonable doubt. Therefore, absence of motive alone cannot be grounds for acquittal, and guilt can be established through circumstantial evidence even when motive is lacking.
Search Results for "Merely just Calling the Deceased Without Motive will Not Amount to have Motive to Kill the Deceased"
2011 Supreme(Online)(KER) 43346 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
Section 302 IPC, considering inconsistencies about the type of poison and the nature of the relationship between the accused and the deceased ... The key evidence pointed to his actions prior to her death, claiming he had no motive, while the prosecution presented circumstantial ... The court highlighted the circumstances surrounding the relationship between the couple and potential motives. ... He denies the suggestion that it was on the request of the police officers he falsely prepared the report, without thoroughly e....
• India - Gauhati High Court - Principal Seat at Guwahati
N. KOTISWAR SINGH, SUSMITA PHUKAN KHAUND, JJ
Key points of evidence included phone threats before the murder and the last seen proximity of the appellant to the deceased. ... Main issues were the sufficiency of circumstantial evidence, the implications of the last seen theory, and the establishment of motive ... -12) ... ... Findings of Court: ... The trial court's conviction was solely based on the last seen theory without ... However, in our view, such presence must be firmly established but not merely on probability. ... Even if the said fa....
2018 0 Supreme(Guj) 714 • India - Gujarat
SONIA GOKANI, B.N.KARIA
1872 (1 of 1872) - S. 134 – This petition is filed challenging conviction against accused – as per the facts of the case wife of deceased ... weapon of offence – court while confirming conviction held that conviction can be based upon the testimony of solitary eye witness without ... She also stated that when he was calling upon her, on her phone number and as his deceased brother scolded him, that become the motive for this crime. ... 10. ... Out of the fine which has been paid by the appellant, let an....
2025 Supreme(Online)(Kar) 31202 • India - Karnataka High Court
MR. SREENIVAS HARISH KUMAR, MR. K. V. ARAVIND, JJ
, yet prosecution fails to establish motive and guilt beyond reasonable doubt - Delays in forensic analysis and contradictions in ... (Paras 18, 19) ... ... Facts of the case: ... Appellant convicted for murdering the deceased ... Appellant accused convicted under IPC for murder, sentenced to life imprisonment and fine - Evidence reveals enmity between accused and deceased ... The trial court relied on the testimony of PW.1 to establish the motive for the accused in killing the deceased. It held that....
2025 Supreme(Online)(Chh) 5728 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J
based on circumstantial evidence, including recovery of a weapon and extra-judicial confessions - Prosecution failed to establish motive ... conviction based on circumstantial evidence was overturned due to lack of proof regarding the weapon's use and insufficient evidence of motive ... of proof necessary for a conviction based on circumstantial evidence, emphasizing that mere recovery of a weapon is insufficient without ... They would further submit that the motive of offence is also not established, a....
1953 0 Supreme(Kar) 44 • India - Karnataka
MEDAPA, B.VASUDEVAMURTHY
C. due to the possibility that the accused may not have intended to kill the deceased. ... The court found that the accused had waylaid the deceased with the motive of vengeance and assaulted him, resulting in the victim's ... The court, however, considered the possibility that the accused may not have intended to kill the deceased and sentenced him under ... We are inclined, in the circumstances of the case though with some hesitation, to accept the....
2025 Supreme(Online)(Del) 7259 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
MS. PRATHIBA M. SINGH, MR. AMIT SHARMA, JJ
; a lack of motive does not preclude conviction when strong circumstantial evidence is presented. ... (Paras 65-67, 79-81) ... ... Facts of the case: ... Appellants assaulted deceased Ibrahim inside ... The court established that presence at the crime scene, coupled with the use of deadly weapons, underscored a perceived intent to kill ... It was further held that many a murder have been committed without any known or prominent motive and it is quite possible that the aforesaid impe....
2022 0 Supreme(All) 417 • India - Allahabad
aged - Though it was on a vital part but it was without intention to kill because it could not be proved - Though it may be with ... amounting to murder -Appeal Against Conviction -First Information Report - F.I.R. was lodged by informant of the deceased alleging ... plays an important role and becomes a compelling force to commit a crime and therefore motive behind the crime is a relevant factor ... Since the motive could not be proved therefore it may be a case in w....
2007 Supreme(Online)(KER) 43636 • India - High Court of Kerala
P.R.RAMAN, K.HEMA, JJ
Fact of the Case: The appellant was convicted for pushing the deceased during a quarrel, leading to the deceased's ... Issues: Did the accused intentionally commit murder, or was his act merely culpable homicide? ... Ratio Decidendi: The court determined the act, while resulting in death, did not exhibit intention to kill but rather the ... The court below found that it is clear from PW1's evidence that the accused purposefully pushed down deceased Saji knowing the consequence of the fall from the b....
2018 0 Supreme(AP) 255 • India - Andhra Pradesh
C.V.NAGARJUNA REDDY, G.SHYAM PRASAD
was involved in politics where as PW 13 and deceased what doing agriculture and earning amount for the family, the accused was constantly ... to show the death by suicide, where as the poison was found inside the body of the deceased – sprinkling of pesticides cannot amount ... was living with his family jointly where as the accused was supposed to do separately – accused decided to kill the deceased – on ... While the accused is spendthrift even without doing any wor....
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