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Conspiracy

This tag is associated with 3 posts

Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = L. Krishna Reddy …..Appellant Versus State by Station House Officer & Ors. …..Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40898

Sec. 302,498 A etc., – Husband died pending trial – No prima faice     proof of conspiracy- The Accused are entitled for discharge =    whether  the  criminal proceedings could or should have been continued against  his  parents,  namely  Vidyasagar  and  Narasamma,  who  had  preferred  a  Discharge Petition under Section 227 of the Code  of  Criminal … Continue reading

Criminal conspiracy = Non – examination of witness whether fatal ? – GULAM SARBAR Vs. STATE OF BIHAR (NOW JHARKHAND)- published in judis.nic.in/supremecourt/filename=40871

Criminal conspiracy = Non – examination of witness whether fatal ?         How to prove criminal conspiracy =    The essential ingredients of  Criminal  Conspiracy  are     (i)  an agreement between two or more persons;    (ii) agreement must  relate  to         doing or causing to be done either    (a) an … Continue reading

Criminal Trial-Framing of Charges-Allegation of misappropriation of huge amount of Government money-Revision Petition challenging the framing of charges-Dismissed by High Court-On appeal, Held-Per Katju, J.: There was sufficient material to frame the charge, hence not interfered with-Per Sinha, J. : There is lacuna in framing of charges-But the same not interfered with because trial has reached the stage of examination of witnesses and there is likelihood of early disposal of the matter-Penal Code, 1860-s. 420 r/w ss. 120-B, 429, 468 and 471-Prevention of Corruption Act, 1988. Trial Court framed charges against the appellant-accused and co-accused u/s 420 r/w ss. 120-B, 429, 468 and 471 IPC and various provisions of Prevention of Corruption Act, 1988. Allegations were that six bogus firms claiming to have published advertisements, submitted 76 bogus bills worth Rs.30,30,057/- for payment by signing under fictitious names. The bills had not been entered in bill register and no file had been opened in respect of these firms. The file numbers written on the fictitious bills were also fake. Out of the 76 bills, 14 (pertaining to ad-hoc advertisement) were dishonestly processed by the appellant-accused and co-accused. All the bills were filled by another co-accused who was neither posted in the publicity division nor was he authorized to do so. Appellant-accused was also not the incharge of ad hoc advertisements. None of the bills bore initials or signatures of the incharge of the ad hoc advertisements. The bills were also not sanctioned / approved by the competent authority. The Revision Petition challenging the order of trial court, was dismissed by High Court. Hence the present appeals.

CASE NO.: Appeal (crl.) 710 of 2007 PETITIONER: Soma Chakravarty RESPONDENT: State Through CBI DATE OF JUDGMENT: 10/05/2007 BENCH: S.B. Sinha JUDGMENT: J U D G M E N T CRIMINAL APPEAL NO. 710 OF 2007 [Arising out of SLP (Crl.) No. 552 of 2006] S.B. SINHA, J : 1. Although I entirely agree with … Continue reading

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