SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd. Page 26 Monday, October 24, 2022 Printed For: Navami Krishnamurthy, Jindal Global University SCC Online Web Edition: http://www.scconline.com © 2022 EBC Publishing Pvt.Ltd., Lucknow. ----------------------------------------------------------------------------------------------------------------------------------------------------------- Karnataka [(2011) 4 SCC 779 : (2011) 2 SCC (Cri) 488 : AIR 2011 SC 1585] where this Court held that motive alone in the absence of any other circumstantial evidence would not be sufficient to convict the appellant. Reference may also be made to the decision of this Court in Sunil Rai v. UT, Chandigarh [(2011) 12 SCC 258 : (2012) 1 SCC (Cri) 543 : AIR 2011 SC 2545]. This Court explained the legal position as follows: (Sunil Rai case [(2011) 12 SCC 258 : (2012) 1 SCC (Cri) 543 : AIR 2011 SC 2545], SCC p. 266, paras 31-32) “31. … In any event, motive alone can hardly be a ground for conviction. 32. On the materials on record, there may be some suspicion against the accused, but as is often said, suspicion, howsoever strong, cannot take the place of proof.” 31. Suffice it to say although, according to the appellants the question of the appellant Velu having the motive to harm the deceased Senthil for falling in love with his sister, Usha did not survive once the family had decided to offer Usha in matrimony to the deceased Senthil. Yet even assuming that the appellant Velu had not reconciled to the idea of Usha getting married to the deceased Senthil, all that can be said was that the appellant Velu had a motive for physically harming the deceased. That may be an important circumstance in a case based on circumstantial evidence but cannot take the place of conclusive proof that the person concerned was the author of the crime. One could even say that the presence of motive in the facts and circumstances of the case creates a strong suspicion against the appellant but suspicion, howsoever strong, also cannot be a substitute for proof of the guilt of the accused beyond reasonable doubt.” [Emphasis supplied] 91. Thus, even if it is believed that the accused appellant had a motive to commit the crime, the same may be an important circumstance in a case based on circumstantial evidence but cannot take the place as a conclusive proof that the person concerned was the author of the crime. One could even say that the presence of motive in the facts and circumstances of the case creates a strong suspicion against the accused appellant but suspicion, howsoever strong, cannot be a substitute for proof of the guilt of the accused beyond reasonable doubt. 92. The fact that we have ruled out the circumstances relating to the making of an extra judicial confession and the discovery of the weapon of offence as not having been established, the chain of circumstantial evidence snaps so badly that to consider any other circumstance, even like motive, would not be necessary. FALSE EXPLANATION OFFERED BY THE ACCUSED APPELLANT AS AN ADDITIONAL LINK 93. It is the case of the prosecution all throughout that the accused appellant offered false explanation in his defence. To put it in other words, according to the courts below the say of the accused appellant that on the fateful night of the incident four unidentified persons killed his wife and daughters mercilessly and thereafter, set their dead bodies on fire stood falsified, in view of the incriminating circumstances pointing towards the guilt of the accused. According to the trial court and the High Court, the explanation offered by the accused appellant in regard to the injuries suffered by him on his head is established to be false. In such circumstances, both the courts took the view that the false explanation offered by the accused appellant is an additional link in the chain of circumstances. 94. It appears from the materials on record that in all, three further statements of the accused appellant were recorded by the trial court under Section 313 of the CrPC. This is one another unusual feature of this matter. Ordinarily and more particularly having regard to the language of Section 313 of the CrPC, the further statement of an accused is to be recorded once the prosecution closes its evidence and before the