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2019 Supreme(SC) 1325

INDU MALHOTRA, R.SUBHASH REDDY
State of NCT of Delhi – Appellant
Versus
Shiv Charan Bansal – Respondent


Advocates Appeared:
For the Parties:Sanjiv Jha, Braj Kishore Mishra, Aprna Jha, B. V. Balaram Das, Ms. Pallavi Pratap, Himanshu Nailwal, Ankur Garg, Ms. Neema, Sumeer Sodhi, Amitabh Sinha, Ashish Tiwari, V. K. Sidharthan, Karri Venkata Reddy, Vineet Bhagat, M/s. Pratap & Co., Yash Pal Dhingra, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court has the authority under Section 227 of the Cr.P.C to sift and weigh evidence solely for the purpose of determining whether a prima facie case has been established against the accused. The evaluation at this stage is limited to the material on record, and the court is not required to conduct a detailed weighing of evidence or assess its credibility (!) (!) .

  2. The test for framing charges depends on whether the material discloses a grave suspicion against the accused, which has not been adequately explained. If such suspicion exists and is supported by material that can be translated into evidence at trial, the court is justified in framing charges and proceeding with the trial. The probative value of evidence cannot be scrutinized at this stage, and the court's role is to evaluate whether the facts, taken at face value, disclose the ingredients of the alleged offence (!) (!) .

  3. A strong suspicion based on material is sufficient for framing charges, even if the evidence is not yet fully proven. The veracity and weight of the evidence are not to be meticulously judged at this stage, nor is it necessary to determine the likelihood of conviction. The focus is on whether some material exists that can be developed into evidence during the trial (!) (!) .

  4. The elements of criminal conspiracy include an agreement between two or more persons, with the agreement relating to an illegal act or an act to be committed by illegal means. Such conspiracy is often proved through circumstantial evidence, considering the cumulative effect of circumstances indicating guilt. Acts or conduct must reflect a conscious and clear understanding of a common design, and it is sufficient if there is a tacit understanding among conspirators for executing their common illegal object (!) (!) (!) .

  5. The case involves allegations of a criminal conspiracy to murder, with evidence suggesting premeditation and planning involving multiple accused persons. The evidence includes statements of witnesses, communication records, recovered weapons, forensic reports, and conduct after the crime, all of which collectively indicate involvement in the conspiracy (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  6. The absence or destruction of certain records and evidence, such as call detail records and committee records, along with the conduct of accused persons—such as absconding after the crime—are considered relevant conduct under the Indian Evidence Act, which supports the inference of involvement in the conspiracy (!) (!) .

  7. The court emphasizes that at the stage of framing charges, the focus is on whether the material discloses a prima facie case, not on establishing guilt beyond reasonable doubt. The court is also aware of the need for a holistic evaluation of evidence, especially in conspiracy cases, where direct evidence is often scarce, and circumstantial evidence plays a crucial role (!) (!) (!) (!) (!) .

  8. The court has remitted the matter for further proceedings, directing the trial to be conducted expeditiously against specific accused persons, with charges to be framed under relevant sections of law based on the evidence available (!) (!) (!) (!) .

  9. The trial process may involve additional evidence and statements, including recording of statements under Section 313 of the Cr.P.C., and the appellate court retains the authority to take further evidence or re-try accused if necessary (!) (!) .

  10. Overall, the judgment underscores that the decision to frame charges is based on a preliminary assessment of material that indicates a reasonable suspicion, and not on proof beyond reasonable doubt. The case demonstrates the importance of circumstantial evidence and conduct in establishing a conspiracy and involvement in criminal acts (!) (!) (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


JUDGMENT :

INDU MALHOTRA, J.

1. The present Criminal Appeals have been filed by the State (Criminal Appeal No. 2248 of 2010) and the complainant - Kanta Devi (Criminal Appeal No. 2247 of 2010) to challenge the Order of Discharge granted to Shiv Charan Bansal, Lalit Mann @ Nanhe, Shailendra Singh and Rajbir Singh by the Delhi High Court.

2. The factual matrix from which the present Appeals arise from is the filing of F.I.R No. 200/2006 by the Complainant Kanta Devi - widow of late S.N. Gupta on 21.03.2006 with the Police Station Mangolpuri, Delhi under Sections 120B, 302, 201 r.w. S.34 IPC and Sections 25, 27, 54, 59 of the Arms Act. The Complainant stated that on 21.03.2006, she was in the house with her husband - S.N. Gupta. At about 4:30 p.m., the doorbell rang, when a man aged between 25 to 30 years having a beard was standing at the gate, wearing spectacles and a black cap on his head, carrying a bag on his shoulder. He said that he had brought a courier from a bank addressed to S.N. Gupta, and would hand it over to him personally. She informed her husband about the courier. S.N. Gupta went to the main gate, while the informant returned to the kitchen. She then heard the sound of


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