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TMI Blog2009 (3) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 409 read with Section 120B and Section 420 read with Section 120 B of the Indian Penal Code, 1860 (in short the `IPC'). The High Court dismissed the revision petition on the ground that there are sufficient grounds to presume that the unrebutted evidences of the complainant constitute triable offences. 2. Background facts as projected by appellants in a nutshell are as follows: In February, 1987 the complainant and his five family members executed General Power of Attorney (in short the `GPA') at Canada in favour of Manvinder Singh and subsequently the said GPA was registered with the Commissioner of Ferozepur, Punjab. The GPA stated that the GPA holder can do anything on behalf of the complainant which he can lawfully do. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9, though the appellants in the absence of knowledge- of such ex-parte injunction order had already executed the sale-deeds and got them registered on 05.12.1989. On 14.06.1990 the learned Senior Subordinate Judge passed an order in the aforesaid suit, restraining the appellants from dispossessing the complainant from the said property and to maintain status quo with regard to ownership of the said property pending disposal of the suit, whereas in fact the appellants were already in possession of the said property since 07.11.1989. On 20.8.1990 and 21.11.1990 the appellants preferred an Appeal No. 274/67 in the Court of the learned Additional District Judge, Ludhiana praying, inter alia, to maintain the status quo with regard to the own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 173 Cr.P.C. was filed against the appellants for commission of alleged offences under Sections 420, 468, 467, 471,120B IPC. On 11.12.1999 the Ld. ACJM, Ludhiana framed charges under Sections 120B read with Section 409IPC and under Sections 120B/420 IPC against the appellants. The appellants preferred a Criminal Revision No. 512 of 2000 in the Punjab & Haryana High Court challenging the maintainability of the charges framed against them and the learned Single Judge of the High Court dismissed the prayer of the appellants by the impugned order holding that there was sufficient ground to presume that the unrebutted evidence of the complainant constitute triable offences. 3. According to learned counsel for the appellant a sum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uot;Such an argument could have been validly advanced by the petitioners to establish their bonafides if the power of attorney itself had mentioned the details of the property in dispute and had also mentioned specifically that the attorney had the power to alienate the property through sale, mortgage and lease etc. The petitioners must have examined the document because it was from the document that the power to enter into the agreement to sell had come to vest in Manvinder Singh. If even after examining the document the petitioners went ahead with the transaction they did so at their own peril. They lacked bonafides and were out to deprive the owner of his property by a series of transactions." 7. It would be appropriate to deal wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y a crime, is designed to curb immoderate power to do mischief which is gained by a combination of the means. The encouragement and support which co-conspirators give to one another rendering enterprises possible which, if left to individual effort, would have been impossible, furnish the ground for visiting conspirators and abettors with condign punishment. The conspiracy is held to be continued and renewed as to all its members wherever and whenever any member of the conspiracy acts in furtherance of the common design. (See American Jurisprudence, Vol. II, Sec. 23, p. 559.) For an offence punishable under Section 120-B, the prosecution need not necessarily prove that the perpetrators expressly agreed to do or caused to be done an illegal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted thus: "58. Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law, the punishment for which is imprisonment or fine or both in the discretion of the court. 10. The essence of the offence of conspiracy is the fact of combination by agreement. The agreement may be express or implied, or in part express and in part implied. The conspiracy arises and the offence is committed as soon as the agreement is made; and the offence continues to be committed so long as the combination persists, that is until the conspiratorial agreement is terminated by completion of its performance or by abandonment or frustration or however it may ..... X X X X Extracts X X X X X X X X Extracts X X X X
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