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1 - 10 of 14 (0.28 seconds)Section 120 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 120 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 396 in The Indian Penal Code, 1860 [Entire Act]
Jhapsa Kabari & Ors vs State Of Bihar on 4 December, 2001
21. Learned counsel for the 4th accused/appellant in Crl.A.58 of 2008
relied on the decision of the Hon'ble Supreme Court in Jhapsa Kabari and others
v. State of Bihar reported in AIR 2002 Supreme Court 312 and argued that when
there was no evidence whatsoever to establish that any criminal act was done by
them in furtherance of a common intention and when there is total absence of
evidence both in respect of offences under Section 34 as well as Section 149,
conviction of said accused persons with the aid or Section 149 or 34 is not
proper.
Section 374 in The Code of Criminal Procedure, 1973 [Entire Act]
Aloke Nath Dutta & Ors vs State Of West Bengal on 12 December, 2006
Even the witnesses P.W.11-Raja and P.W.13-Alagappan
also turned hostile. So, in the absence of concrete, specific and acceptable
evidence, it is not possible to say that the 4th accused was standing in front
of the house of P.W.1 with common intention with the other accused. To prove
conspiracy hatched to commit a heinous crime, circumstantial evidence brought on
records must be such which would have no loose ends to tie. This was held in
the decision of the Hon'ble Supreme Court in Aloke Nath Dutta vs. West Bengal
reported in 2006(13) SCALE 467. Testing the case on hand in the light of the
above decision, we are of the considered view that the theory of conspiracy is
not established.