Indian Penal Code, 1860, Section 120A, 120B -- Criminal conspiracy - Proof - Offence of criminal conspiracy can be proved by direct or circumstantial evidence - Direct independent evidence of criminal conspiracy is generally not available and its existence is a matter of inference - The inferences are normally deduced from acts of parties in pursuance of purpose in common..........
Indian Penal Code, 1860, Section 120B -- Conspiracy - Framing of charge - Held, some connecting link or connecting factor somewhere is enough for framing of charge since framing of charge and to establish charge of conspiracy cannot possibly be placed at par - Some general evidence pertaining to conspiracy would be sufficient to form part of charge of conspiracy in..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 409, 120B, Prevention of Corruption Act, 1988, Section 30(2) -- Discharge - Validity - Criminal conspiracy to import inferior quality of coal at higher price - Strong objection raised by Govt. Secretary about proposal - Concerned file circulated through respondent/accused (Chief Minister) for..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Proof - Accused persons conspired to murder deceased - Circumstantial evidence coupled with recoveries i.e. blood stained weapon and clothes at instance of appellants Nos.1 & 2 establish guilt of appellants No.1, 2 & 4 beyond reasonable doubt - No proof which links appellant No.3 to conspiracy or..........
Indian Penal Code, 1860, Section 420, 120B, 477A -- A2 and A3 with fraudulent intention to do favour to A1 sent answer script of another student for revaluation instead of original answer script of A1 - A2 after giving confidential code on answer script had put up the script before A3 - Aspect of conspiracy - With acquittal of A1, who could not be said to have obtained any..........
Indian Penal Code, 1860, Section 302, 392, 201, 120B, 34 -- Murder and theft - Conviction on basis of circumstantial evidence - Accused persons allegedly hired car of deceased, went to several places, gave soft drinks mixed with sleeping pills and intoxicating drinks, strangulated him to death and then drove away car, changed registration number and after few days..........
Criminal Procedure Code, 1973, Section 468(3), Indian Penal Code, 1860, Section 468, 120B, Prevention of Corruption Act, 1947, Section 5(2) -- Limitation for taking cognizance - Respondents were charged u/s.468 r/w S.120B IPC for which imposable punishment is seven years and u/s.5(2) of PC Act which is punishable with imprisonment for a term which may extend to seven years..........
Indian Penal Code, 1860, Section 406, 409, 120B, Criminal Procedure Code, 1973, Section 197 -- Charge against public servant - Prior sanction u/s 197 Cr.P.C. is not required - It is not a part of duty of public servant to enter into criminal conspiracy for committing breach of trust...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To prove the charge of conspiracy it is necessary to establish that there was an agreement between the parties for doing an unlawful act - As it is difficult to establish conspiracy by direct evidence as such inference could be drawn but there must be some material from which it would be reasonable to establish..........
Indian Penal Code, 1860, Section 120B -- The offence under Section 120B is an agreement between the parties to do a particular act - Merely because the accused are related to each other is not sufficient to convict u/s 120B - Mere relationship between accused is not sufficient to establish that they entered into conspiracy...........
