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TMI Blog2008 (4) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... Single Judge of the High Court has dismissed the writ petition preferred by the appellant, seeking quashing of order dated 23rd March, 2005. 3. The facts giving rise to the present appeals lie in a narrow compass and centre around a criminal conspiracy, allegedly hatched by the family members of the appellant to murder the deceased, Kunal. The case of the prosecution as per the charge-sheet is that in the month of March 1999, deceased Kunal organised an entertainment show, sponsored by the father of the appellant. During the event, the deceased was introduced to the sister of the appellant, Hema. The acquaintance blossomed into love between the two. Fearing that there may be opposition to their close relationship from their family members, they eloped and got married on 29th May, 2000. Appellant's father lodged a complaint alleging that the deceased had kidnapped his daughter. The complainant, namely, the father of the deceased, also reported the matter to the Pune Police. 4. Sometime in June, 2000, Kunal contacted his father and informed him that he was at Gauhati with Hema. Thereupon, the complainant and his wife brought Kunal and Hema to Mumbai. On persuasion by the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 1st October, 2004, rejected the said application. Being aggrieved by the said order, the appellant preferred a criminal appeal before the Sessions Judge, Satara. As noted above, the said appeal was dismissed vide order dated 23rd March, 2005. Still aggrieved, the appellant moved a revision application before the High Court. Vide order dated 23rd June, 2006, the High Court dismissed the criminal revision. 8. It appears that the mother (A-2), sister (A-4), a family friend (A-11) and the manager of appellant's father (A-12) had also moved applications under Section 227 of the Code before the Sessions Judge, Satara for discharge, which were dismissed by virtue of orders dated 16th January, 2006 and 7th October, 2003. Both these orders were challenged by them by means of two Criminal Writ Petitions (Nos.1283 and 1284 of 2006). Both the petitions were allowed by the then Chief Justice of the High Court vide a common order dated 7th July, 2006. Inter-alia, observing that the circumstances highlighted by the prosecution, even if accepted in entirety, only created a suspicion of motive, these were not sufficient to make out a case for conviction of the accused and some susp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant and his two other associates (A-11 & A-12) stand discharged of the offences for which they were charged, namely, Sections 302 and 120B of I.P.C. 11. Mr. Ravi Shanker Prasad, learned senior counsel appearing for the appellant, submitted that in the charge- sheet there is no overt act attributed to the appellant regarding actual murder and the threats allegedly given by his family members and friends to the family of the deceased are not sufficient to infer a criminal conspiracy, particularly when, the disputes between the two families had already been compromised much prior to the incident. Learned counsel submitted that accepting the prosecution case as it is, there is absolutely no material on record to frame a charge against the appellant for offences under Sections 302 and Section 120B of the I.P.C. It was also urged that other members of the family, namely, the mother and sister of the appellant along with two other accused having been discharged by the High Court and similarly the father of the appellant having been discharged by the Sessions Judge, there was no sufficient ground to proceed against the appellant for the said offences. In support of the propos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icion, he will be fully within his right to discharge the accused. At this stage, he is not to see as to whether the trial will end in conviction or not. The broad test to be applied is whether the materials on record, if unrebutted, makes a conviction reasonably possible. [See: State of Bihar Vs. Ramesh Singh and Prafulla Kumar Samal (supra)] 16. In the light of the aforenoted principles, we may now consider whether or not in the present case the High Court was justified in declining to discharge the appellant. However, before adverting to the circumstances, relied upon by the prosecution in support of its primary charge that a conspiracy had been hatched to eliminate Kunal, the essential features of the offence of conspiracy need to be noticed 17. Section 120A of I.P.C. defines criminal conspiracy. The section reads as under: "120A. Definition of criminal conspiracy. When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the prosecution has not to establish that a particular unlawful use was intended, so long as the goods or service in question could not be put to any lawful use. 22. More recently, in State (NCT of Delhi) Vs. Navjot Sandhu @ Afsan Guru , making exhaustive reference to several decisions on the point, including in State Through Superintendent of Police, CBI/SIT Vs. Nalini & Ors. , Venkatarama Reddi, J. observed thus: "Mostly, the conspiracies are proved by the circumstantial evidence, as the conspiracy is seldom an open affair. Usually both the existence of the conspiracy and its objects have to be inferred from the circumstances and the conduct of the accused (per Wadhwa, J. in Nalini's case at page 516). The well known rule governing circumstantial evidence is that each and every incriminating circumstance must be clearly established by reliable evidence and "the circumstances proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn and no other hypothesis against the guilt is possible." (Tanviben Pankajkumar case , SCC page 185, para 45). G.N. Ray, J. in Tanibeert Pankajkumar observed that this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order to carry out the aforesaid conspiracy successfully accused No.7 purchased one Maruti Car No.MH-14 D-3027 from witness Afzal Khan Ibrahim Khan, resident of Dehu Road and also Motor Cycle No.MH-14-M-5786. By using the aforesaid vehicles accused No.7 to 10 and 13 to 15 have committed ghastly murder of Kunal. In order to carry out the aforesaid conspiracy successfully accused No.7 has used revolver, khukri, sickle, sword and iron and from 13 to 15, by using the aforesaid weapons the aforesaid persons have assaulted Kunal Parihar by which he sustained grave injuries and ultimately died. Hence accused No.1, 2, 3, 4, 5, 6, 7, 11 and 12 have charged been under Sections 302, 120B IPC and accused No.7, 8, 9, 10, 13, 14, 15 and 16 have charged u/s 302 read with 120B IPC and under Arms Act Section 3 and 25." [Emphasis supplied] 25. Thus, according to the prosecution version, when accused, A-1 to A-5, A-11 and A-12 learnt about the marriage of Kunal with some other girl, they hatched a conspiracy to teach a lesson to the father of Kunal, the deceased. In furtherance thereof, accused A-1 contacted one of the assassins to kill Kunal. It is alleged that accused A-1 to A-4 also contacte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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