Case Note & Summary
The case involved seven accused charged with conspiracy and murder in connection with a series of killings in Maharashtra. The trial court acquitted all accused of conspiracy but convicted two for the murder of Malan, leading to appeals. The State appealed against the acquittal of some accused while the convicted accused appealed against their sentences. The Supreme Court found that the conviction of accused 5 for conspiracy was unsustainable as all others were acquitted, and no appeal against their acquittal was filed. The court also ruled that the retracted confession of accused 5 could not be relied upon against accused 6, who was acquitted of conspiracy. However, the court upheld the conviction of accused 6 for the murder of Malan, citing sufficient corroborative evidence, including the approver's testimony and forensic evidence. Ultimately, the court acquitted accused 5 and confirmed the conviction of accused 6, leading to a dismissal of his appeal.
Headnote
A) Criminal Law - Criminal Conspiracy - Conviction of one accused when others acquitted - Indian Penal Code, 1860, Section 120B - Conviction of accused 5 for conspiracy was unsustainable as all others were acquitted and no appeal against their acquittal was filed. The court held that at least two persons are required for a conspiracy charge, thus the conviction was set aside. (Paras 783-784). B) Criminal Law - Judicial Confession - Reliance on retracted confession - Indian Penal Code, 1860, Section 302 - The retracted confession of accused 5 could not be used against accused 6, who was acquitted of conspiracy, as he was not charged with the murder for which accused 5 was convicted. The court emphasized the need for corroborative evidence. (Paras 785-786). C) Criminal Law - Evidence - Conviction based on corroborative evidence - Indian Penal Code, 1860, Section 302 - The conviction of accused 6 was upheld due to sufficient evidence, including the approver's testimony and corroborative evidence of the murder of Malan, proving guilt beyond reasonable doubt. (Paras 786-787).
Issue of Consideration
Whether one of the accused can be convicted for criminal conspiracy when the rest were acquitted, and the admissibility of a retracted judicial confession against another accused.
Final Decision
The Supreme Court allowed the appeal of accused 5, acquitting him and setting aside his conviction. The appeal of accused 6 was dismissed, confirming his conviction and life sentence for the murder of Malan.
Law Points
- Criminal conspiracy
- Judicial confession
- Corroborative evidence
- Conviction under IPC
- Acquittal principles
