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2022 Supreme(Jhk) 690
IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi, J.
Arjun Prasad Sah, son of late Ramdhari Sah - Petitioner
Versus
State of Jharkhand, Anr. - Opposite Parties
Cr. M.P. No. 725 of 2015
Decided On : 12-04-2022
For the Petitioner: Mr. Rohit.
For the State : Mr. Saket Kumar.
The essence of a criminal conspiracy is the unlawful combination, and the offence is complete when the combination is framed, regardless of the accomplishment of the object or the requirement of overt acts.
Headnote:
Conspiracy - Criminal Conspiracy - IPC 120(B) - The court discussed the elements of criminal conspiracy and emphasized that the essence of a criminal conspiracy is the unlawful combination. It highlighted that the offence is complete when the combination is framed, and no overt act need be done in furtherance of the conspiracy. The court also referred to the case of 'State, through Superintendent of Police v. Nalini and Others' (1999) 5 SCC 253 to support its analysis.
Fact of the Case:
The petition was filed to quash the proceedings in a criminal case pending in the court of Sub Divisional Judicial Magistrate, Sahibganj, under section 120(B) of the IPC. The case was lodged based on allegations of conspiracy and involvement of the petitioner in unlawful activities.
Finding of the Court:
The court found that the cognizance order and the decision of the revisional court were reasoned and supported by the statements of enquiry witnesses, indicating prima facie involvement of the petitioner in the alleged conspiracy.
Issues: The issues revolved around the alleged criminal conspiracy under section 120(B) of the IPC, the involvement of the petitioner, and the admissibility of the evidence presented by the enquiry witnesses.
Ratio Decidendi: The court's decision was based on the analysis of the elements of criminal conspiracy, the statements of the enquiry witnesses, and the lack of support from the judgment cited by the petitioner's counsel.
Final Decision: The court dismissed the petition and vacated the interim order.
JUDGMENT :
1. This petition has been filed for quashing the proceedings in P.C.R.Case No.371 of 2013, dated 9.7.2018, pending in the court of learned Sub Divisional Judicial Magistrate, Sahibganj including the order of cognizance dated 26.9.2013 whereby cognizance has been taken by the learned Sub Divisional Judicial Magistrate, Sahibganj under section 120(B) of the IPC against the petitioner and order dated 15.1.2015 passed in Cr. Revision No.33 of 2014 passed by learned Principal Session Judge, Sahibganj is also under challenge.
2. The case was lodged by the O.P.no.2 alleging therein that the complainant Ranjit Singh was posted as clerk cum Oncharge Jailor in Sahibganj Divisional Jail. On 14.12.2010 after his transfer to Godda Jail, he handed over the charge to Sri Suresh Prasad Rajak and took charge at Godda Jail on 15.12.2010. The complaint has stated that on 9.3.2011 Superintendent Godda Jail filed an First Information Report against him making allegation against him that he had gone on leave having locked all the registers of the Office in the residential quarter. The complainant has stated that the police investigated the matter and submitted final report showing mistake of fact. The complainant has stated that on 26.6.2011 Abhishek Srivastava, Incharge Jail Superintendent, Godda Jail directed to break the lock of his residence to find out the register. All the registers found in the residence were mentioned in an inventory. In which it was shown that one register of Sahibganj along with bank statement was recovered from the residence. The complainant has stated that he had handed over charge of the bank statement to Suresh Prasad at Sahibganj Jail. Later on Rafique Alam told him that in May 2011 Jailor of Sahibganj Jail had given him a register that was to be handed over to Sri Arjun Prasad, Jailor of Godda Jail. Rafique Alam went to Godda by a motor cycle of Ashok Kumar Yadav and handed over that register to Arjun Prasad. The complainant has stated that then he instituted an First Information Report at Jirwarwari O.P.Police, in which the police submitted final form.
3. Mr. Rohit, the learned counsel appearing for the petitioner submits that so far conspiracy is concerned, that is not made out against the petitioner and he refers to section 120(A) of the I.P.C and submits that criminal conspiracy is defined there and no case is made out against the petitioner in light of the definition of criminal conspiracy under section 120(A) of the IPC. The learned counsel for the petitioner has relied in the case of “Vijayan & Rajan etc. v. State of Kerala” reported in AIR 1999 SC 1086. Paragraph no.11 of the said judgment is quoted hereinbelow:
“11. So far as the circumstances for bringing home the charge of conspiracy under Section 120B against accused Sadanandan is concerned, less said the better. To bring home the charge of conspiracy within the ambit of Section 120B of the Indian Penal Code it is necessary to establish that there was an agreement between the parties for doing an unlawful act. It is no doubt true that it is difficult to establish conspiracy by direct evidence and, therefore, from established facts inference could be drawn but there must be some material from which it would be reasonable to establish a connection between the alleged conspiracy and the act done pursuant to the said conspiracy. In the case in hand we do not find any materials produced even for inferring a conspiracy between the two accused persons to do away with the deceased Majeendran.”
4. Mr. Saket Kumar, the learned counsel appearing for the respondent State submits that the enquiry witnesses have supported the case of the O.P.No.2 and in that course it has been transpired that the petitioner was also involved.
5. In view of the above facts and considering the submissions of the learned counsel appearing for the parties, the Court has perused the cognizance order dated 26.9.2013, and finds that the learned court has passed the reasoned order of
