Penal Code, 1860- ss. 302 r/w 1208 - Murder- Criminal
conspiracy-Allegation that Appellant and his family members, one of their employees and a friend hatched a criminal
conspiracy to murder complainant's son as he was to get
married to another girl after an affair and alleged marriage
with Appellant's sister - Case based on circumstantial
evidence, namely, threatening calls from the side of accused to complainant, his family and earlier relationship between the
deceased and Appellant's sister - Prayer of Appellant for
discharge - Tenability of - Held: On facts, tenable - Mother
and sister of the appellant along with two other accused having
been discharged by High Court and SLP preferred by State
E against the same having been dismissed, and, similarly, father
of appellant, stated to be the mastermind behind the entire
conspiracy, having been discharged by Sessions Judge, on
same set of circumstances and accusations, no sufficient
ground survived to proceed against the Appellant - Code of Criminal Procedure, 1973 - s.227.
Code of Criminal Procedure, 1973 - s.227 - Powers
under, of Trial Court - Scope and ambit of - Discussed.
Penal Code, 1860 - ss. 120A and 1208 - Offence of
criminal conspiracy -Essential features of - Discussed.