LexCHAMAN LAL & ORS. versus STATE OF PUNJAB & ANR.
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.. , (2009) 5 S.C.R. 351 CHAMAN LAL & ORS. A v. STATE OF PUNJAB & ANR. (Criminal Appeal No. 117 4 of 2003) ~ MARCH 31, 2009 B [DR. ARIJIT PASAYAT, LOKESHWAR SINGH PANTA AND P. SATHASIVAM, JJ.] Penal Code, 1860- s.409rlw1208 and s.420 rlw s.1208 - Charges under, framed by trial court- Revision petition filed c by accused challenging maintainability of the charges framed - Dismissal of, by High Court - Justification of - Held: Justified - There were sufficient grounds to presume that un- ¥ rebutted evidences of the complainant constituted triable offences under s.409 rlw s.120-8 /PC and s.420 rlw s.120-8. D Penal Code, 1860 - ss. 120A and 1208 - Criminal conspiracy - Elements and essence of - Discussed. The owner of the property in question executed a E General Power of Attorney (GPA) in respect of the same in favour of 'M'. The said document was however subsequently cancelled by the owner. 'M' purportedly -I concealed that fact and sold the property to the appellants by executing SPAs in their favour. Pursuant to a complaint by the owner, the trial court framed F charges against the appellants under s.409 rlw s.120-B IPC and s.420 rlw s.120-B IPC. Appellants filed revision petition challenging maintainability of the charges framed. High Court dismissed the revision petition holding that there was sufficient ground to presume that the G -+ unrebutted evidence of the complainant constituted . triable offences under s.409 rlw s.120-B IPC and s.420 rl w s.120-B IPC. Hence the present appeal. 351 H 352 SUPREME COURT REPORTS [2009] 5 S.C.R. ... A Dismissing the appeal, the Court HELD:1.1. The essence of a criminal conspiracy is the unlawful combination and ordinarily the offence is complete when the combination is framed. From this, it B necessarily follows that unless the statute so requires, no overt act need be done in furtherance of the conspiracy, and that the object of the combination need not be accomplished, in order to constitute an indictable offence. Law making conspiracy a crime, is designed to c curb immoderate power to do mischief which is gained by a combination of the means. The encouragement and support which co-conspirators give to one another rendering enterprises possible which, if left to individual effort, would have been impossible, furnish the ground D for visiting conspirators and abettors with condign punishment. The conspiracy is held to be continued and '1 renewed as to all its members wherever and whenever any member of the conspiracy acts in furtherance of the common design. [Para 7] [359-C-G] E 1.2. For an offence punishable under Section 120-B, IPC, the prosecution need not necessarily prove that the perpetrators expressly agreed to do or caused to be done an illegal act; the agreement may be proved by necessary implication. The offence of criminal conspiracy has its F foundation in an agreement to commit an offence. A conspiracy consists not merely in the intention of two or ..... more, but in the agreement of two or more to do an unlawful act by unlawful means. So long as such a design rests in intention only, it is not indictable. When G two agree to carry it into effect, the very plot is an act in itself, and an act of each of the parties, promise against promise, actus contra actum, capable of being enforced, if lawful, punishable if for a criminal object or for use of criminal means. [Para 7] [359-H; 360-A-C] H ... CHAMAN LAL & ORS. v. STATE OF PUNJAB & ANR. 353 1.3. No doubt in the case of conspiracy there cannot A be any direct evidence. The ingredients of the offence are that there should be an agreement between persons who are alleged to conspire and the said agreement should be for doing an illegal act or for doing by illegal means an act which itself may not be illegal. Therefore, the B essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both, and it is a matter of common experience that direct evidence to prove conspiracy is rarely available. c Therefore, the circumstances proved before, during and after the occurrence have to be considered to decide about the complicity of the accused. [Paras 8] [360-D-E] 1.4. The essence of the offence of conspiracy is the fact of combination by agreement. The agreement may be D express or implied, or in part express and in part
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