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Supreme Court of India 2019-12-05 partly_allowed

State of NCT of Delhi vs Shiv Charan Bansal & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court addressed an appeal by the State of Delhi against the acquittal of six accused in a murder case involving conspiracy and firearms offences. The Court held that criminal conspiracy can be established through tacit understanding and circumstantial evidence without direct proof of agreement; acts and statements of co-conspirators are reliable evidence. While affirming the acquittal on the law, the Court found sufficient material creating grave suspicion of the accused's involvement. Due to inconsistencies in charge framing, the Court directed a fresh retrial to be completed within six months on a day-to-day basis, emphasizing the appellate court's power to direct retrial even when dealing with acquittals.

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Criminal Conspiracy Appeal against Acquittal Murder Criminal Procedure Re-trial Evidence Law

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