Indian Kanoon - Search engine for Indian Law

Explanation 1.--A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing."

26. In the present case, it is the case of the prosecution that information was received that the accused persons will gather at Ghogha Chowk from where they will depart for commission of crime for which they have a lot of illegal weapons as well. Pursuant to the same, a raid was conducted and Petitioner Nos. 1 to 3 were apprehended with weapons. Allegedly, the petitioner Vikas along with another accused were bringing the vehicle for commission of offence. The arrest of Petitioner Nos. 1 to 3 and recovery of weapons which were to be allegedly used in pursuance of the conspiracy coupled with the lawfully intercepted phone calls make out a prima facie case against the accused persons. Abetment in the present case is not sought to be made out by virtue of instigation per se so as to negate the case of the prosecution against the accused persons.