Case Name : State through Superintendent of Police, CBI/SIT Etc. vs Nalini and Ors Etc
Case Reference: (1999) 3 SCR 1 :
Neutral Citation:
Case Number: Death Ref Case 1/1998
Court: Supreme Court
Bench: 03
Coram: KT Thomas (Minority), DP Wadhwa (Majority), Quadri (Concurring)
Date: 00.00.0000
DP Wadhwa
Quadri J
Conspiracy
Stages of conspiracy (Para 402) 1. Two or more persons share information about doing an illegal act or a legal act by illegal means 2. Some or all sharing that information may form an intention to do the above. 3. Only those who form requisite intention would be parties to the agreement and would be conspirators. 1. Those who drop out cannot be roped in as collaborators on the basis of mere knowledge unless they commit acts or omissions from which guilty common intention can be inferred. 4. It is not necessary that all conspirators should participate from inception to end of conspiracy; some may join after the time when such intention was first entertained by one of them. 5. When, in pursuance of the agreement, the conspirators commit offences individually, or adopt means to do legal act illegally which was nexus to object of conspiracy, all of them will be liable for such offences even if some of them have not participated in the commission of these offences 6. The agreement is a sine qua non of conspiracy. 7. The conspiracy can be proved by direct evidence (which is rarely available), or may be inferred from utterances, writings, acts, omissions and conduct of the parties to the conspiracy. 1. In view of Section 10 (Evidence), anything said, done or written by conspirators, whether they joined earlier, later, or left before completion of the objection, are relevant facts to prove that each one of them can justifiably be treated as a conspirator.
Application of Evidence, Section 10
There is a twin condition to apply section 10 (Page 403) 1. There is reasonable ground to believe that two or more persons conspired together 2. Conspiracy is to commit and offence or an actionable wrong
Retraction of confession
Confession of an accused, which is admissible under the Evidence Act is substantive evidence against the maker, even if retracted earlier (Page 408,409)
Applicability of Evidence - Section 30
Evidence - Section 30 requires the following conditions to be fulfilled: (Page 409) 1. More than one person being tried jointly 2. Joint trial of persons for the same offence 3. Confession made by one of such persons 1. being tried jointly; and 2. for the same offence 4. Such confession must affect the maker as also the other persons 5. Such a confession is proved in court
Refer also:
Judgment name
See also: IPC - Section 120A IPC, Section 120B IPC - Section 302 Evidence - Section 3 Evidence, Section 10 Evidence, Section 21 Evidence - Section 24 Evidence, Section 25 Evidence, Section 26 Evidence - Section 27 Evidence, Section 28 Evidence - Section 29 Evidence - Section 30 CrPC, Section 162 CrPC - Section 164 CrPC - Section 281 CrPC, Section 313 CrPC - Section 463