The “complete absence” of motive assumes a different complexion and definitely weighs in favour of the accused, the Supreme Court has said while acquitting a man sentenced to life imprisonment in a murder case of 1997.

A three-judge bench headed by Justice U U Lalit observed it is not that the case of prosecution must be discarded in the absence of motive.

The bench, also comprising Justices S R Bhat and P S Narasimha, set aside the judgement delivered in May 2014 by the High Court of Chhattisgarh which had dismissed an appeal filed by the accused against the trial court verdict convicting and awarding him life imprisonment in the case.

“It is not as if motive alone becomes the crucial link in the case to be established by the prosecution and in its absence the case of prosecution must be discarded. But, at the same time, complete absence of motive assumes a different complexion and such absence definitely weighs in favour of the accused,” the bench said in its February 25 verdict.

The apex court delivered its judgement on an appeal against the high court verdict in the case.

According to the prosecution, a case was registered on a complaint by a man who had said that his son had gone to a paddy milling centre on January 13, 1997 and had since then been missing.

On January 17, 1997, body of the deceased was recovered from a pond and the case was converted to one under section 302 (murder) of the Indian Penal Code (IPC).

The apex court noted in its verdict that the appellant, Nandu Singh, was arrested in the case and certain recoveries on the strength of his statement were stated to be made.

The counsel, who argued on behalf of the appellant before the top court, had said that in a case based on circumstantial evidence, the prosecution had not alleged any motive on his part to commit murder of the deceased.

The counsel had argued that the case was built by the prosecution based on the alleged evidence of “last

seen”.