Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Conspiracy |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860. Sections 109, 120B & 302-Criminal Conspiracy-Essential Ingredients-Proof of-Held, agreement to commit offence and mens rea of crime-Motive by itself not proof of conspiracy-Prosecution alleging illicit relations between accused and deceased-Deceased refusing to terminate pregnancy-Deceased fatally stabbed by other accused-Offence alleged to have been committed by other accused in conspiracy with accused-Whether criminal conspiracy established-No positive evidence attributing pregnancy of deceased to accused or insistence for abortion by accused-Both accused seen together an date of occurrence but not proved beyond doubt that they were together at place of occurrence-Intimacy between both accused not suggested-Other accused not habitual criminal-Held, mere meeting by itself not sufficient to infer existence of criminal conspiracy-On facts, existence of circumstances suggesting hatching of criminal conspiracy absent- Ingredients of abetment also not proved-Held, Conviction with aid of Sections 120-B or 109 not Proper-Criminal Trial-Circumstantial Evidence. Sections 120B & 302-Criminal conspiracy alleged-Appeal of accused who had fatally stabbed deceased dismissed-Whether charge of conspiracy against co-accused deemed to have been proved-Held, not proved-charge of conspiracy against co-accused failed-Whether person accused of stabbing deceased entitled to acquittal-Held, not entitled to acquittal.Evidence Act, 1872-Section 10-Applicability-Criminal Trial-Appreciation of Evidence-Evidence of action or Statement of one accused- When can be used against another-Held, when two or more person had conspired together for committing offence-Penal Code, 1860-Section 120-B. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2000 INSC 529 |
Petitioner | Saju |
Respondent | State Of Kerala |
SCR | [2000] Supp. (4) S.C.R. 621 |
Judgement Date | 2000-11-15 |
Case Number | 699 |
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