N. TUKARAMJI
Kilari Anand Paul @ KA Paul @ Dr. K. A. Paul – Appellant
Versus
State of Telangana – Respondent
ORDER
This Criminal Revision Case has been preferred under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’), assailing the order dated 18.12.2023 in Crl.M.P. No.335 of 2023 in S.C. No.241 of 2018 passed by the learned Principal Sessions Judge, Mahabubnagar.
2. I have heard Mr. G.L. Narasimha Rao, learned counsel for the revision petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State.
3. The revision petitioner is arrayed as Accused No.9 in the above Sessions Case, for the offences under Sections 120-B, 302, 379, 404, and 201 read with Section 34 of the Indian Penal Code, 1860 (hereinafter “IPC”). During the proceedings, the petitioner filed an application under Section 227 of the Cr.P.C. seeking discharge. The trial Court, by the impugned order, dismissed the petition. In doing so, it referred to (i) the statement of the de facto complainant/Accused No.1 recorded under Section 164 Cr.P.C., (ii) records of conversations between Accused Nos.1, 7, and the petitioner/Accused No.9, and (iii) analysis of call data records, which allegedly indicated the petitioner’s involvement in the conspi
(1) Discharge of accused – Mere suspicion, however strong, or expressions of hostility and ill-will, cannot substitute legal requirement of grave suspicion sufficient to frame charge.(2) Conspiracy –....
The court emphasized that mere suspicion is insufficient to establish criminal conspiracy; a meeting of minds is essential for charges to be framed.
It is very difficult to get direct evidence in case of criminal conspiracy and there could be indirect evidences/circumstantial evidences to convict accused.
In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must. In other words, it is sine qua non for invoking the plea of cons....
(1) Discharge of accused – At stage of consideration of such application for discharge, defence case or material, if produced at all by accused, cannot be looked at all – Court has to proceed with as....
The judgment emphasizes the requirement of proving criminal conspiracy and the insufficiency of evidence to establish the petitioner's involvement, highlighting the importance of meeting of minds for....
The court emphasized that to establish a charge of conspiracy, there must be clear evidence of an agreement or meeting of minds among the accused, which was lacking in this case.
The court emphasized that for establishing conspiracy, there must be corroborative evidence of agreement and overt acts; mere speculation or unverified recorded conversations do not suffice.
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