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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MIR ALFAZ ALI, J
OM PRAKASH SINGH – Appellant
Versus
C.B.I CENTRAL BUREA OF INVESTIGATION – Respondent
| Table of Content |
|---|
| 1. common judgment outcomes on conviction. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. legal questions regarding charges and convictions. (Para 8 , 9 , 10 , 14 , 17) |
| 3. importance of proper charge framing. (Para 11 , 12 , 13 , 15 , 18) |
| 4. essence of criminal conspiracy as an independent offense. (Para 21 , 22) |
| 5. requirements for proving criminal conspiracy through circumstantial evidence. (Para 28 , 29 , 30) |
| 6. final ruling of acquittal based on insufficient evidence. (Para 100 , 101) |
JUDGMENT
Date : 22-06-2018 All these 9 appeals being against the common judgment and order dated 06.10.2004, passed by the learned Special Judge in Spl. Case No. 39/2004 are taken together for hearing and disposal. By the said judgment, the learned Special Judge convicted all the appellants, namely, 1. A.J Tayeng 2. H. Kanjamba, 3. H Jogeswar Singh, 4. R. K. Ranjit Singh, 5. Lalit Kumar Singh, 6. Arun Sukhlani, 7. Katu Ram Choudhry, 8. Om Prakash Singh, 9. Iswar Singh Bagga, (hereinafter referred to as A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8 & A-9 respectively) under Section 120(B) IPC and sentenced them to rigorous imprisonment for 6 months and fine of Rs. 5000/- with default stipulation. The appellants
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