A conspiracy generally is hatched in secrecy. It is very difficult to adduce direct evidence thereto. Often, the prosecution relies on evidence of various acts of the parties as parts of the conspiracy to infer their complicity to commit the particular crime. The prosecution therefore would almost necessarily adduce circumstantial evidence. As a rule of evidence, it is well established that the conspiracy can be proved by direct or circumstantial evidence but there is a pregnant obligation upon the court to inquire whether the parties to the conspiracy were pursuing the same end. Under English law the agreement to do an unlawful thing or a lawful thing by unlawful means amounts to a criminal offence. We followed the English law of conspiracy only in a few cases such as waging war against the Government of India punishable under Section 121-A. In these cases whether any act is done or not, the conspiracy is punishable. However, in 1913 the Indian Penal Code was amended and a ....