S. B. SINHA & D.K. JAIN, J.
YOGESH @ SACHIN JAGDISH JOSHI - Appellant
Versus
STATE OF MAHARASHTRA - RESPONDENT
Appeal (crl.) 744 of 2008
Decided On: 28-4-2008
Indian Penal Code, 1860 - Section 120B - Criminal conspiracy-meeting of minds of two or more persons for doing an illegal act or an act by illegal means is sine quo non of the criminal conspiracy-It is well settled that an offence of conspiracy is a substantive offence and renders the mere agreement to commit an offence punishable even if an offence does not take place pursuant to the illegal agreement-In the present case, however, the stand of the prosecution to the effect that the parents, sister and friends of the appellants have entered into a criminal conspiracy stands rejected by virtue of the orders of discharges and in that view of the matter no sufficient ground survives to proceed against the appellant-impugned order set aside and appellant discharged.
(1979)3 SCC 4, (1977)4 SCC 39, (1989)2 SCC 465, (1981)2 SCC 443, (1988)3 SCC 609, (1996)4 SCC 659, (2005) 11 SCC 600, (1999)5 SCC 253, (1997)7 SCC 156 - Referred to.
JUDGMENT
D.K. JAIN, J. - Leave granted.
2. These two appeals are directed against orders dated 23rd June, 2006 and 19th September, 2006 passed by the High Court of Judicature at Bombay in Criminal Revision Application No. 288 of 2005 and in Criminal Writ Petition No.1884 of 2006 respectively. By the first order, the High Court has repelled the challenge made to order dated 23rd March, 2005, in Criminal Appeal No.83 of 2004, whereby the Sessions Judge, Satara had affirmed the order passed by the Juvenile Justice Board, rejecting the application filed by the appellant under Section 227 of the Code of Criminal Procedure, 1973 (for short "the Code") for discharge. By the latter order, another Single Judge of the High Court has dismissed the writ petition preferred by the appellant, seeking quashing of order dated 23rd March, 2005.
3. The facts giving rise to the present appeals lie in a narrow compass and centre around a criminal conspiracy, allegedly hatched by the family members of the appellant to murder the deceased, Kunal. The case of the prosecution as per the charge-sheet is that in the month of March 1999, deceased Kunal organised an entertainment show, sponsored by the father of the appellant. During the event, the deceased was introduced to the sister of the appellant, Hema. The acquaintance blossomed into love between the two. Fearing that there may be opposition to their close relationship from their family members, they eloped and got married on 29th May, 2000. Appellants father lodged a complaint alleging that the deceased had kidnapped his daughter. The complainant, namely, the father of the deceased, also reported the matter to the Pune Police.
4. Sometime in June, 2000, Kunal contacted his father and informed him that he was at Gauhati with Hema. Thereupon, the complainant and his wife brought Kunal and Hema to Mumbai. On persuasion by the complainant and his wife, Hema agreed to return and stay with her parents and the marriage between Kunal and Hema is stated to have been annulled. In December, the complainant filed complaints with the S.P., Satara and the Additional Commissioner of Police, Pune against the father of the appellant alleging that he had abused him over the telephone. The complainant also alleged that even thereafter, threatening calls were made by the appellant, his sister, Hema and father. However, the things seem to have settled down with the intervention of the Advocate of the complainant.
5. Thereafter, Kunal was engaged to another girl and the wedding was scheduled for 30th November, 2001. On 21st April, 2001, the deceased (Kunal) left Panchgani (where he was living with the parents) for Mahabaleshwar in his maruti car. At about 8:30 p.m., a taxi-driver informed the complainant that Kunal was lying in a pool of blood on Mahabaleshwar road. The complainant rushed to the spot and took his son in an injured condition to the hospital where he was declared brought dead. The complainant lodged an F.I.R at Mahabaleshwar Police Station against unknown persons and an offence was registered under Section 302 of the IPC. However, on the next day, the complainant levelled allegation that since marriage of Kunal had been fixed with another girl, the appellant and his family members had developed a grudge and had, therefore, hatched a conspiracy with co-accused Umesh, Suresh, Bhavarlal Sharma, Captain Sharma to murder Kunal.
6. On completion of investigation, charge-sheet was filed against the appellant before the Juvenile Court, Satara, being below 18 years of age, and against fifteen other persons, which included his father (A-1), mother (A-2), sister (A-4), a family friend (A-11), manager of his father (A-12), in Sessions Court, Satara. All of them have been arraigned as members to the conspiracy to murder Kunal. The appellant, herein, and accused A-1, A-2, A-4 to A-7, A-11 and A-12 have been prosecuted for offences under Section 302 and 120B of the Indian Penal Code, 1860 (for short "the I.P.C."), wherea
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