In Brief
In this criminal conspiracy case, the Supreme Court upheld the conviction of the appellant (A6) under Sections 120B and 302 IPC for his role as an instigator in the murder of Siva. Nine accused were tried for conspiracy to murder; the appellant held a meeting in his house on 01.09.1991 where all agreed to kill Siva within 10 days. The murder occurred on 05.09.1991 by other conspirators. The Court rejected the appellant's challenge to the testimony of two eye-witnesses (PW3 and PW4) who overheard the conspiracy plan. The Court held that a conspirator need not be present at the actual commission of the offence to be guilty; presence and participation in hatching the conspiracy suffices. The conviction and life sentence were upheld as rightly imposed by the courts below.
The lawyer headnote and full judgment text are available to registered users.