Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s. 120-B – Conviction under – Prosecutioncase was that the nine accused (A-1 to A-9) hatched a criminalconspiracy in the house of appellant (A-6) to murder the victim –Trial Court convicted A-1 to A-9 u/s.120-B IPC, A-1 to A-5 u/ss.148 and 302 IPC, and A-1 u/s. 332 IPC – High Court upheld theconviction of the accused, except that of accused (A-9) who wasacquitted and conviction of accused (A-2) u/s.120-B IPC was setaside – A-6 alone filed appeal against his conviction u/s.120-B IPC– Held: In order to constitute a conspiracy, meeting of mind of twoor more persons to do an illegal act or an act by illegal means is amust – However, it is not necessary that all the conspirators mustknow each and every detail of the conspiracy, which is being hatchedand nor it is necessary to prove their active part/role in such meeting –In other words, their presence and participation in such a meetingalone is sufficient – In instant case, evidence of PW-3 and PW-4proved the factum of meeting being held at the appellant’s housewith other accused wherein a decision was taken to kill the victim –Presence of PW-3 in appellant’s house while serving tea to all theaccused was proved by the evidence of PW-3 and PW-4 – Further,evidence of PW-3 and PW-4 proved the exchange of talk betweenthe accused confirming that they would kill victim and that the victimwas indeed killed five days after the meeting – The complicity of theappellant in conceiving a plan to kill victim was therefore duly provedwith the evidence adduced by the prosecution. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 945 |
Petitioner | Bilal Hajar @ Abdul Hameed |
Respondent | State Rep. By The Inspector Of Police |
SCR | [2018] 12 S.C.R. 781 |
Judgement Date | 2018-10-10 |
Case Number | 1305 |
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