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Purushan – Appellant
Versus
Shinu J. Pillai – Respondent
ORDER :
The challenge in this Criminal Revision Petition is to the order dated 07.09.2019 in Crl.MP No.4761/2016 in S.C No.331/2015 passed by the Additional Sessions Court-II, Alappuzha. The revision petitioner is the defacto complainant.
2. The facts leading to the submission of the final report in S.C No.331/2015 are as follows:
3. On 08.03.2011 at midnight, the revision petitioner and two other charge witnesses were travelling on a motorbike. The accused, nine in number, formed themselves into an unlawful assembly, restrained the defacto complainant and the two others and attacked them with a knife, iron rod, etc., The accused attempted to commit murder.
4. In the FIR, Sri.Shinu.J.Pillai, accused No.9 in the final report was cited as accused No.1. The defacto complainant stated in the FIS that the accused persons in the leadership of accused No.9 committed the abovesaid acts. Charge Witness Nos.1 to 3 were the injured. They stated to the Police that accused No.9 was in the scene of occurrence and he directly participated in the commission of the offence.
5. The Investigating Officer, after the investigation, concluded that accused No.9 had no direct involvement in the overt acts alle
The court emphasized that mere suspicion is insufficient to establish criminal conspiracy; a meeting of minds is essential for charges to be framed.
(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 –....
At the discharge stage under Cr.P.C. Section 239, the court must consider if there is sufficient prima facie evidence for charges rather than delve into the probative value of evidence.
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....
The main legal point established in the judgment is the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., the need for strong and cogent evidence to exercise this power, ....
It is very difficult to get direct evidence in case of criminal conspiracy and there could be indirect evidences/circumstantial evidences to convict accused.
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
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