Motive alone is not sufficient to convict

In criminal trial, the motive alone is not sufficient to convict any person for committing the offence, unless there is presumption of law for convicting the accused on the basis of motive. In the entire Evidence Act or any other statute, there is no such presumption that merely on the basis of motive an accused can be convicted for committing a criminal offence. Therefore, the learned trial judge was wholly unjustified to apply Section 114 Evidence Act for convicting the appellant for the murder of his wife and daughter merely on the basis of motive. As we have stated above, there is no presumption in Section 114 Evidence Act or any other section of this Act or any other statute that a person who has motive to commit a particular crime is guilty for the commission of that crime. Therefore this part of the impugned judgment cannot be sustained and the appellant cannot be held guilty for committing the murder of his wife and daughter with the aid of section 114 Evidence Act on the basis of presumption.

(see, Criminal Appeal No. 136 of 2001 Bhoora
Vs. State of U.P. Allahabad High Court 17/02/2009)