Point of Law: The offence of criminal conspiracy has its foundation in an agreement to commit an offence or to achieve a lawful object through unlawful means. Such a conspiracy would rarely be hatched in the open and, therefore, direct evidence to establish the same may not be always forthcoming. Proof or otherwise of such conspiracy is a matter of inference and the court in drawing such an inference must consider whether the basic facts i.e. circumstances from which the inference is to be drawn have been proved beyond all reasonable doubt and thereafter, whether from such proved and established circumstances no other conclusion except that the accused had agreed to commit an offence can be drawn. Naturally, in evaluating the proved circumstances for the purposes of drawing any inference adverse to the accused, the benefit of any doubt that may creep in must go to the accused

JUDGMENT :

RAMESH SINHA, J.

1. The present criminal appeals have been preferred against the judgment and order dated 5.9.2002 passed by 1st Additional Sessions Judge, Mahoba in S.T. No. 16 of 2001 (Case Crime No. 220 of 2000), Police Station Ajnar, District Mahoba convicting and sentencing the appellants, namely, Hukum Singh and Kalyan Singh under Section 147 I.P.C. for one year R.I. under Section 148 I.P.C. for two years R.I.and under Section 302/149 I.P.C. for life imprisonment and fine of Rs. 2000/- each and in default of payment of fine, six months additional imprisonment to each of the appellants, whereas appellant, namely, Udai Bhan has been convicted and sentenced for life imprisonment under Section 302/120-B I.P.C. and fine of Rs. 2,000/- and in default of payment of fine, six months simple imprisonment.

2. The accused, namely, Hukum Singh and Kalyan Singh who have preferred Criminal Appeal Nos. 3917 of 2002 and 3960 of 2002 have died during the pendency of their appeals and their appeals have already been ordered to be abated by this Court vide orders dated 9.9.2020 14.11.2018 respectively, hence, the Court proceeds to hear the criminal appeal filed by the appellant Udai Bhan being Criminal Appeal No. 3658 of 2002 against whom the only charge is for conspiring the murder of the deceased along with the two accused Hukum Singh and Kalyan Singh.

3. The prosecution case, as has been set out in the F.I.R. by the informant Sohan Lal, is that the house of the informant is at a distance of 150 yards from the house of his cousin brother, namely, Jagat Singh. There was some dispute between Jagat Singh and one Hukum Singh and others of his village with respect to land, on account of which in the night of 25.10.2020 accused Hukum Singh, Kalyan Singh along with 2-3 unknown persons entered in the house of his cousin brother Jagat Singh with lathi, farsa, axe and country-made pistol and assaulted them. On hearing the alarm being raised by his cousin brother Jagat Singh, his wife Mannu and daughter Km. Anita for rescue, the informant Sohan Lal, Jai Hind, Prithvi Raj, Sughar Singh, Basanta and other persons of the village reached at the place of occurrence in the night at about 1:30 a.m. and they in the torch light saw the accused, namely, Hukum Singh, Kalyan Singh and 2-3 unknown persons along with them who were indulged in marpeet and were uttering that if any person would come in between, would be dealt in the same manner. The accused have killed his brother Jagat Singh, his wife Smt. Mannu and daughter Km. Anita with lathi, farsa and fled away towards the village. While the accused were fleeing from the place of occurrence, the informant and others had seen the accused Hukum Singh and Kalyan Singh with 2-3 unknown persons and identified them and further the unknown person could be identified by them if they were brought before them. The incident has been conspired by the by the brother of Hukum Singh, namely, Udai Bhan. When the informant and others reached on the spot, they saw the dead body of Jagat Singh lying in the courtyard of his house and that of his wife Smt. Mannu on the roof of the house, whereas the dead body of his daughter Km. Anita was lying on the way towards the west side near the house of one Bal Kishan.

4. The F.I.R. of the incident was lodged on the basis of written report submitted by the informant Sohan Lal against the accused persons, namely, Hukum Singh, Kalyan Singh, Udai Bhan and 2-3 unknown persons on 25.10.2000 at 6.30 a.m. at Police Station Ajnar, District Mahoba being Case Crime No. 220 of 2000, under Sections 147, 148, 302, 149 and 120B I.P.C.

5. The investigation of the case was entrusted to the Station Officer, namely, Surendra Singh, who after conclusion of the investigation, submitted charge sheet against the three accused persons, namely, Hukum Singh, Kalyan Singh and Udai Bhan.

6. The case was committed to the Court of Sessions and charges were framed against the accused for the offence under Sections