illegal means is sine qua
non of criminal conspiracy. However, conspiracy being
what it is, the same is almost invariably shrouded in
secrecy ... lead us to conclude that to establish a charge of
conspiracy knowledge about indulgence in cither an
illegal act or a legal act by illegal
used against Applicant.
25. The basic ingredients of the offence of criminal conspiracy as per
Section 120-B of the IPC are (i) the agreement ... plan is
not, per se, enough. To establish a charge of conspiracy knowledge about
indulgence in either an illegal act or a legal
object behind the
conspiracy is to achieve the ultimate aim of conspiracy.
For a charge of conspiracy means knowledge about
indulgence in either an illegal ... establish, to bring home the charge of conspiracy, that
each of the conspirators had the knowledge of what the
collaborator would do."
47. Further
criminal conspiracy. It has
to be shown that all means adopted and illegal acts
done were in furtherance of the object of conspiracy
hatched ... held that to constitute the
offence of conspiracy, mere knowledge is not sufficient and there
should be a meeting of minds of two or more
State vs . Padam Raj Gupta Etc. on 2 March, 2020
IN THE COURT OF ADDITIONAL
after termination of the conspiracy. The joinder of a conspiracy by a new
member does not create a new conspiracy nor does it change ... conspiracy into several different
conspiracies.
10. A man may join a conspiracy by word or by deed. However, criminal responsibility
for a conspiracy requires more
charge of
conspiracy cannot be sustained against a single person because it
always needs atleast two to have a conspiracy. In Narain Lal
Nirala ... accused with
one of the main accused or even his knowledge about conspiracy
would not make him a conspirator, but at the same time
Kashibatla Ramakrishna vs Cbi on 16 April, 2012
Author: Suresh Kait
Bench: Suresh Kait
* IN
others named in the complaint inspite of having knowledge of the above sale transaction, hatched conspiracy and in order to cause wrongful loss to complainant
documents prima facie disclose that the
petitioners were party to the alleged conspiracy and in
furtherance of which, petitioners not only obtained false TDR
certificates ... transaction has taken place with the active knowledge
and connivance of the petitioners in furtherance of the
conspiracy to make unlawful gain and further