1 S/ vs Suresh Pahalwan & Ors on 19 November, 2008
On behalf of prosecution it is argued that accused Lekh Raj
conspired with the other accused persons and instigated them to kill the
deceased Surender Gupta. It is argued that it is not necessary that each
conspirator must know all details of agreement nor he is required to be
20 S/vs Suresh Pahalwan & Ors
participant at every stage of the offence. It is not essential that all the
conspirators should participate in the crime. Reliance is placed upon the
authority Tuncay Alankus Vs. Union of India 2000 (2) CC Cases HC 275 Delhi.
It is argued that the lapse of the investigation should not prevent the court from
accepting eyewitnesses evidence if it is otherwise truthful.