Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conspiracy 409 109 Breach of trust 120B proof of conspiracy Good Character |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Evidence -Conpiracy -Criminal Breach of trust - Meaning and proof of conspiracy -Evidentiary value of Good character of an accused in a criminal case -lndian Penal Code (Act XLV of 1860), ss. 120-B, 409, 109 -Indian Evidence Act, 1872 (1 of 1872), ss. 10, 53, .55 Expl. Double Jeopardy -Applicability of rule -Law finally and authoritatively decided by Supreme Court as to interpretation of the constitution -If a substantial question of law -Constitution of India, Arts. 20 (2), 145 (3). After the discovery of the conspiracy, ten conspirators including the appellants were put to trial before the sessions Judge under s. 120-B of the Indian Penal Code and also each one of them separately under s. 409 read with s. 109 of the said Code. The charge was that they, alongwith one Shankar Lal and Doshi, both of them deceased entered into a criminal conspiracy at Bombay and elsewhere between or about the period from September 20, 1950 to December 31, 1950, to commit or cause to be committed criminal breach of trust in respect of Government securities or proceeds thereof or the funds of the Empire of India Life Assurance Co. Ltd., Bombay, acquiring its management and control and dominion over the said property in the way of business as Directors, Agents or attorneys of the said company. The learned Sessions Judge convicted six accused persons under s. 120 B, read with s. 4-09 of the Indian Penal Code and sentenced them to various terms of imprisonment. The rest four accused persons were acquitted. Against the acquittal State preferred an appeal to the High Court and the convicted accused persons also filed appeals against their convictions. The Government appeal was allowed and the appeals of the convicted accused persons were dismissed by the High Court. These appeals by special leave have been preferred only by five accused persons against their conviction and sentences. In these appeals, the Court proceeded on the basis as it was manifest and indeed not disputed that there was a conspiracy and the only question for consideration was whether all or some of the appellants were parties to it. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1963 INSC 61 |
Petitioner | Sardar Sardul Singh Caveeshar |
Respondent | State Of Maharashtra |
SCR | [1964] 2 S.C.R. 378 |
Judgement Date | 1963-03-18 |
Case Number | 82,83 |
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