IMPORTANT POINT
Motive by itself cannot be a proof of conspiracy.

Headnote:Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act - Section 2 (a) Indian Penal Code, 1860 - Sections 120-B r/ws 302 - Conviction of three accused for the offence under - Appeals - Motive for the crime Serious misunderstanding between deceased and accused because of illicit relationship between the accused and wife of deceased Enormous delay in holding identification parade - Serious infirmities in the test identification proceedings - Identification of two of the accused N and G not established - Their presence and participation in the occurrence doubtful - Conspiracy charge and conviction there under against the sole person, appellant not sustainable - He could not be a sole conspirator by himself without having entered into an agreement with somebody else.
       Held: The High Court also ultimately and rather entirely relied upon the evidence of PW 1 and then proceeded to have support from the evidence of PWs 7 and 9. We have already discussed their evidence in great detail and have noted that the crucial question is whether the identification made by them can be relied upon. We feel that it is highly unsafe to rely on the said igentification and we are of the view that the High Court has wrongly placed reliance on the evidence of PW 1 and thereafter on the evidence of PWs 7 and 9. The result is that the presence and participation of Nathu Singh in the said occurrence is not established beyond reasonable doubt. (para 13)
       Further Held: Now we are left with the conviction of Girja Shankar Misra. The High Court appears to have relied upon the evidence of PW 54, wife of the deceased, who deposed that Girja Shankar Misra had admitted his guilt before her. The evidence of PW 54 in this context cannot be accepted at all. She is a highly interested witness. She admitted that she had illicit relations with Girja Shankar Misra. In the cross-examination she had made many admission that she had illicit relations with Girja Shankar Misra and also used to go there for co-habitation it is highly improbable that Girja Shankar Misra could have made such a confession before her. The defence Counsel also relied upon a letter purported to have been written by PW 54 to Kirpa Shankar Misra, Advocate, Banda. In that she has mentioned that she was confident that the political opponents of the deceased had their hands in his husband's murder and the corrupt and inefficient officials of the police and cm having failed to bring the real culprits have fabricated a false story in collusion with the rival party of Nathu Singh. PW 54 in the first instance denied that she has written any such letter. She, however, later filed an affidavit stating the circumstances in which Girja Shankar Misra, the accused had after his release obtained these letters from her. In her deposition to the Court she stated that Girja Shankar Misra threatened her and to his dictation she wrote these letters. Such explanation given by her under the circumstances is an artificial one. She was highly influential and had all the support of the police and other people in power and her version that she was threatened by Girja Shankar Misra and he made her to write these letters is not at all convincing. When that is the position the above conclusions drawn by the High Court, which arc extracted above: are untenable. In any event when once the identification of Nathu Singh and Girdhari is rejected then their participation in the occurrence remains unestablished and then the conspiracy charge and conviction there under against the sole person Girja Shankar Misra cannot be sustained for the reason that he could not be a sole conspirator by himself. (Para 14)
       Result: Appeals allowed conviction and sentence awarded set aside.

ORDER

K. Jayachandra Reddy, J. - These two appeals are filed against the ORDER of High Court of Delhi in Criminal Appeal No. 324/76 in which State of D.P. was the appellant. The said appeal was filed against the ORDER of acquittal passed by the 1st Additional Session Judge Delhi in Sessions Case "No. 2n4. It may be mentioned here that though the occurrence took place in the State of U.P. the case was transferred to the Court of Additional Sessions Judge, Delhi by the Supreme Court in view of the special circum stances. In the said case six accused were tried for offences punishable under sections 120- B and 302 read with 34 I.P.C. The trial court acquitted all of thcm. In an appeal filed by the state against the said acquittal, the High Court convicted accused Girja Shankar Misra and Nathu Singh under Section 120-B read with 302 I.P.C. and sentenced each of them to undergo imprisonment for life. Nathu Singh was further convicted under sections 302 I.P.C. and sentenced to imprisonment for life. One Girdhari accused died during the pendency of the appeal. The acquittal of the remaining accused was confirmed. Accused Girja Shankar Misra has filed Criminal 'Appeal No. 272/84 and accused Nathu Singh has filed Criminal Appeal No. 3401 84 in this Court under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdictions) Act. Since these are regular appeals, the learned Counsel for the appellants and the learned Counsel for the State have taken us through the entire voluminous record and advanced elaborate arguments.

2. Briefly stated, the prosecution case is as follows: Shri Raj Narain Mishra, the deceased in the case, was married to Smt. Sushila, P.W. 54 and was residing at Orai District Jalaun. P.W. 54 gave birth to five children. She was a double M.A. and an active social and political worker. The deceased, though by profession an advocate was a politician. In 1962 he contested the general elections to the Legislative Assembly. Uttar Pradesh and got elected. In 1967 however he lost the election. Girja Shankar Misra, one of the appellant, was a Police Officer posted as a Station Officer, Sikendra within the Rajpur constituency from where the deceased contested the election. During the elections P.W. 54 came into contact with Girja Shankar Misra and she developed illicit relations with him. The deceased came to know about this and deprecated the same but acted prudently making possible endeavours to bring and end to the affair. He got Girja Shankar Misra transferred to a distant and difficult station. Therefore Girja Shankar Misra bore a grudge and he conspired to get Raj Narain Mishra killed. The trial court as well as the High Court have elaborately referred to the illicit relations between Girja Shankar Misra and P.W. 54 and have also referred to various letters exchanged between them and it has been ultimately held that Girja Shankar Misra had sufficient motive. The further case of the prosecution is that Girja Shankar Misra enlisted the services of the other accused and conspired to get Raj Narain Mishra Killed. On 12.2.1973 the deceased and his wife P.W. 54 had gone to Kanpur and returned from thereon the evening of 13.2.1973. The deceased got down at Sankat Mochan Devi Sthan where some Yagava was being performed. P.W. 54 reached home at about 5.15 p.m. and got ready to go to Sankat Mochan with the children. P.W. 1 Ram Chander who was known to the family, came to meet the deceased and he was told by P.W. 54 that the deceased would be coming after some time and that he should wait. So saying she left in a jeep. P.W. 9 Ram Devi. widowed sister of the deceased and his son Vivek, P.W. 7 stayed back at the house. After.

some time the deceased also returned home. P.W. 1 and the deceased were talking. While so they saw four persons, two armed with rifles and two armed with guns coming out of the gate of Girja Shankar Misra, whose house was nearby and entering the house of Raj Narain Mishra. They fired at the dece

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IMPORTANT POINTMotive by itself cannot be a proof of conspiracy.

IMPORTANT POINT
Motive by itself cannot be a proof of conspiracy.