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ASHUTOSH KUMAR, JITENDRA KUMAR
State of Bihar – Appellant
Versus
Imteyaz Alam @ Ansari, S/o. Kamaluddin Ansari – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
1. We have heard the afore-noted appeals as also the Death Reference No. 10/2021 together, which are being disposed of by this common judgment.
2. Out of ten accused persons (who would be referred to in the judgment by their serial number before the Trial Court) put on Trial in Special Case No. 05 of 2013 (arising out of R.C. Case No. 10/2013)/CIS No. 5600/2014, the learned Special Judge NIA, Patna has convicted nine of them and has acquitted one, viz., Fakhruddin Ansari (A-8).
3. Imteyaz Alam @ Ansari (A1) [Cr. APP. (DB) No. 18 of 2022] has been held guilty for the offences under Sections 4 and 5 of Explosive Substances Act, 1908; 120B read with 302, 121, 121A of the IPC; 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 and under Section 151 of the Railways Act, 1989.
4. Haider Ali (A2) [Cr. APP. (DB) No. 83 of 2022], Numan Ansari (A3)[Cr. APP. (DB) No. 769 of 2021] and Md. Mujibullah Ansari (A4) [Cr. APP. (DB) No. 58 of 2022] have been found guilty under Sections 3 and 5 of Explosive Substances Act, 1908; Sections 121, 121A, 120B read with Section 302, 302 read with Section 34 and Section 307 read with Section 34 of the IPC; and Sections 1
The court upheld the convictions for conspiracy and bomb blasts, emphasizing the sufficiency of circumstantial evidence and confessions, while modifying death sentences to a fixed term of 30 years ba....
(1) Criminal conspiracy – It is not an ingredient of offence that all parties should agree to do a single illegal act, it may comprise commission of a number of acts – Mostly, conspiracies are proved....
Eyewitness testimonies with minor discrepancies can still substantiate the prosecution's case; the lesser offense of culpable homicide applies when intent to kill is not established.
(1) Order of retrial wipes out from record earlier proceeding and exposes present accused to another trial – Retrial cannot be ordered merely on the ground that prosecution did not produce proper evi....
The court established that the burden of proof lies with the prosecution to demonstrate intent and causation in criminal cases, particularly in serious offenses like attempted murder, and that retria....
Section 120B of the IPC provides as Punishment of criminal conspiracy: Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous impris....
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