Case Note & Summary
The case involved the prosecution of two appellants for conspiracy to bribe a public servant under Section 120B read with Section 165A of the Indian Penal Code. The incident leading to the charges occurred on August 24, 1953, when the Inspector of Police was approached by the appellants, who sought to hush up a case involving the second appellant, Ramji Sonar. On August 31, the first appellant, Badri Rai, offered a bribe of Rs. 500 to the Inspector, claiming it was sent by Ramji. The courts below convicted both appellants based on the evidence presented. On appeal, the appellants contended that there was no reasonable ground to believe in the conspiracy and that the statement made by Badri was inadmissible against Ramji. The Supreme Court found that the evidence from August 24 indicated a conspiracy, and the statement made on August 31 was admissible under Section 10 of the Indian Evidence Act as it was part of the same transaction. The court upheld the convictions, emphasizing that the nature of conspiracy allows for the statements of one conspirator to be used against another. The appeal was dismissed, affirming the lower courts' decisions. The appellants were sentenced to 18 months of rigorous imprisonment and a fine of Rs. 200 each, with additional imprisonment for default in payment.
Headnote
A) Criminal Law - Conspiracy to Commit Offence - Admissibility of Co-Conspirator's Statements - Indian Penal Code, 1860, Sections 120B, 165A - The court held that the statement made by one co-conspirator is admissible against another if it pertains to their common intention, as established by Section 10 of the Indian Evidence Act. The evidence indicated a clear conspiracy to bribe a public servant, justifying the charge under Section 120B. (Paras 1-2).
Issue of Consideration
Whether the statement made by one co-conspirator is admissible against another co-conspirator.
Final Decision
The Supreme Court dismissed the appeal, affirming the convictions and sentences of both appellants under Sections 120B and 165A of the Indian Penal Code.
Law Points
- Conspiracy
- Bribery
- Admissibility of Evidence
- Co-Conspirator Statements
