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YOGESH @ SACHIN JAGDISH JOSHI vs. STATE OF MAHARASHTRA

SCR Citation: [2008] 6 S.C.R. 1116
Year/Volume: 2008/ Volume 6
Date of Judgment: 28 April 2008
Petitioner: YOGESH @ SACHIN JAGDISH JOSHI
Disposal Nature: Appeals Allowed
Neutral Citation: 2008 INSC 534
Judgment Delivered by: Hon'ble Mr. Justice D.K. Jain
Respondent: STATE OF MAHARASHTRA
Case Type: CRIMINAL APPEAL /744/2008
Order/Judgment: Judgment
1. Headnote

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. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Penal Code
  • 1860- ss. 302 r/w 1208
5. Equivalent citation
    Citation(s) 2008 AIR 2991 = 2008 (10) SCC 394 = 2008 (10) Suppl. SCC 394 = 2008 (6) JT 299 = 2008 (6) Suppl. JT 299 = 2008 (6) SCALE 469