State (Govt. of NCT of Delhi) Vs. Nitin Gunwant Shah
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Head Note
Indian Penal Code,1860 - Section 120-B
Criminal Conspiracy - Held that a conspiracy ordinarily is hatched in secrecy - Court for the purpose of arriving at a finding as to whether the said offence has been committed or not may take into consideration the circumstantial evidence - However, while doing so, it must be borne in mind that meeting of mind is essential; mere knowledge or discussion would not be sufficient.
Indian Penal Code,1860 - Section 302 , Section 34 , Section 120-B , The Indian Evidence Act, 1872 - Section 32 (1)
Murder - Dying Declaration - Complaint Ext.PW15/A1 is alleged to have been filed by the deceased in his own handwriting in Hindi and signed in English, addressed to the SHO not proved by prosecution - PW1 wife of deceased not only deposed that the signature on the complaint Ext. PW15/A1 was not of the deceased and that there never existed any enmity between Nitin Shah and her husband, or that any complaint apprehending threat was filed by her husband - In terms of Section 32(1) of Evidence Act statement as to death must be made by the person himself and if any discrepancy arises, the same cannot be relied upon - Complaint Ext. PW15/A1 thus fails to adhere to the guidelines laid down by the Apex as to dying declaration and hence cannot be relied upon.
Indian Penal Code,1860 - Section 302 , Section 34 , Section 120-B
Murder - Criminal Conspiracy - Circumstantial evidence - Prosecution has failed to prove the evidence which establishes any prior meeting of mind of the accused - Prosecution merely proved that all the accused were present in Delhi on the date of occurrence, and that the alleged motor-bike and the car used in incident belonged to respondent No.2 - High Court rightly dismissed this argument, as the involvement of the said vehicles in commission of the crime were never proved - Neither any prior meeting of mind of the accused was proved, nor any action, individually or in concert, was proved against any of the accused - Entire foundation of the prosecution story was never established - Appeal liable to be dismissed.
Topic(s)-Murder - Criminal Conspiracy - Circumstantial Evidence - Acquittal ,