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Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): K. G. Balakrishnan, Ar. Lakshmanan , JJ

(A) Penal Code (45 of 1860) , S.300, S.120B— Evidence Act (1 of 1872) , S.32— Conspiracy to murder - Circumstantial evidence - Deceased popular, powerful trade union leader in industrial region of State - Prosecution adduced evidence to show that deceased created problems in running business and caused loss to industries owned by accused persons - Motive to do away deceased - Not sufficient to prove guilt of accused - Overall evidence given by prosecution would only show that some agitation had been going on against management of these industries and deceased was spearheading many of these agitations - This by itself, would not prove prosecution case of conspiracy - That apart, entries in diary and certain statements of deceased recorded on a micro cassette and representation that deceased had submitted to President of India were in general terms - Even though deceased had mentioned names of some of accused persons in diary and in cassette - Same is not admissible as they do not refer to any event which ultimately was cause of his death - No bills proving purchase of foreign made weapons from Nepal were recovered from any of these accused persons - Visit to Nepal by these accused persons and recovery of a bill do not advance prosecution case to prove criminal conspiracy alleged against them - Abscondance of accused from place - Irrelevant - Acquittal, proper. (Para....