9911796707
TMI Blog1977 (11) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 120B IPC. Apparently it took nearly three years for the trial to commence. On objection being raised by the accused with regard to the sanction under section 196A(2) Cr. P. C., 1898, the trial court on June 6, 1970, rejected the same by holding that no sanction was necessary in the case. The trial court, however, held that the particular sanction accorded under section 196A(2) Cr. P. C. was invalid, the correctness of which was not challenged before us. That led to a revision application by the accused before the High Court of Punjab and Haryana. That was also rejected on March 24, 1972. The appellant obtained special leave against the order of the High Court on April 5, 1973. Even such a short matter, as it is, where no records are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be done certain illegal acts, namely to prepare or to be prepared spurious Government of India Passports booklets, to forge or cause to be forged entries and endorsements therein and to use or cause to be used such forged passports as genuine, knowing or having reason to believe, them to be forged, in order to facilitate travel of persons abroad including yourselves and thereby to cheat the Em- barkation Authorities at Air Ports by inducing such authorities to believe that the passports were valid and genuine and upon such belief permit the travel abroad...... And thereby committed an offence punishable u/s 120-B IPC read with sections 465, 476/466 and 419/IPC and within the cognizance of the court of Sessions . The first charge in wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be determined, not only by reference to the sections of the penal enactment, referred to in the charge, but on a reading of the charges themselves . It is not possible to accede to the above submission of Mr. Anthony. The aforesaid observation cannot be called in aid at the threshold of a trial divorced from the context. That was a case where the accused were, convicted at the trial and the appeal by special leave was dismissed. The court was in a position to ascertain in that case as to whether the accused had proper notice of the charge with the definite object of conspiracy and whether there was any prejudice to the accused in any manner affecting the trial. We are however, called upon to examine the matter at the threshold. We hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the real end of which every collaborator must be aware and in which each one of them must be interested. There must be unity of object or purpose but there may be plurality of means sometimes even unknown to one another, amongst the conspirators. In achieving the goal several offences, may be committed by some of the conspirators even unknown to the others. The only relevant factor is that all means adopted and illegal acts done must be and purported to be in furtherance of the object of the conspiracy even though there may be sometimes misfire or over-shooting by some of the conspirators. Even if some steps are resorted to by one or two- of the conspirators without the knowledge of the others it will not affect the culpability of those ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entries and endorsements in that connection; and use of or causing to be used forged passports as genuine in order to facilitate travel of persons abroad. The final object of the conspiracy in the first charge being the offence of cheating by personation, and we find, the other offence described therein are steps, albeit, offences themselves, in aid of the ultimate crime. The charge does not connote plurality of objects of the conspiracy. That the appellant himself is not charged with the ultimate offence,, which is the object of the criminal conspiracy, is beside the point in a charge under section 120B IPC as long as he is a party to the conspiracy with the end in view. Whether the charges will be ultimately established against the accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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