Summary
The Court partly reversed discharge orders in a murder-conspiracy case, directing charges and trial against Shiv Charan Bansal, Lalit Mann and Shailendra Singh while maintaining relief to Rajbir Singh. At the charge stage, material supporting grave suspicion sufficed without a trial-like assessment. The conspiracy evidence required cumulative consideration, including financial dealings, conduct, calls and weapon recovery. A prompt trial was directed, with pending appeals concerning other accused left for the High Court.
Issues
- Whether the material justified charges against the discharged alleged conspirators.
- How circumstantial conspiracy evidence should be assessed at the charge stage and the truncated trial addressed.
Held
- At the charge stage the court may sift material to identify a prima facie case or grave suspicion, but cannot conduct a roving inquiry or weigh proof as at trial. Suspicion must rest on material capable of becoming evidence. (¶ 32.I)
- Conspiracy may be inferred from a tacit agreement and cumulative circumstances. The alleged participants’ separate roles must be assessed in the context of the common design rather than in isolation. (¶ 32.II)
- The financial dealings, witness accounts, communications and subsequent conduct justified charges against Shiv Charan Bansal; threats, communications, conduct and recovered articles supported proceeding against Lalit Mann. These were charge-stage findings. (¶¶ 32.III, 32.IV)
- Recovery of the unlicensed weapon from premises used by Shailendra Singh, ballistic linkage, communications and conduct supported trial for the murder-conspiracy charges rather than an Arms Act charge alone. Material was insufficient to disturb relief to Rajbir Singh. (¶¶ 32.V, 32.VI)
- The remaining accused required prompt trial because the earlier proceedings had become truncated. The High Court retained its appellate powers regarding other accused, including further evidence or retrial if warranted; their acquittals were not reversed in these appeals. (¶¶ 32.VII, 32.VIII, 32.IX, 32.X, 32.XI)
Result
Appeals partly allowed. Charges and trial directed against Shiv Charan Bansal under Sections 302/34, 120B and 201 IPC; Lalit Mann under Sections 302/34 and 120B IPC; and Shailendra Singh under Sections 302/34 and 120B IPC and Sections 25, 27, 54 and 59 Arms Act. Relief to Rajbir Singh maintained. Day-to-day trial directed, preferably concluded within six months; progress report after three months. Copies directed to trial court and High Court.