Bombay High Court Allows Discharge of Accused in Conspiracy and Assault Case. Court Finds Insufficient Evidence to Link Accused to the Incident; Discharge Granted.

Case Note & Summary

The Bombay High Court, in Criminal Revision Application No. 412 of 2015, quashed the rejection of a discharge application filed by Accused No. 6 (Vijay Lulla) in a Sessions Court case involving charges of conspiracy and murder. The court found no prima facie evidence linking the accused to the crime and allowed the discharge application.

Background of the Case (Para 2, 4) The case pertains to the alleged murder of Mr. Multanmal Jain in a housing society in Vasai in 2008. The prosecution alleged that accused Nos. 2, 5, 6, and 7 (relatives) conspired to murder the deceased due to previous animosity and disagreements over society administration. FIR was lodged under Sections 302, 323, 324, 325, 452, 504, 506 read with 34 and 120B of IPC. Incident Details (Para 4) On March 29, 2008, Accused Nos. 1–4 allegedly barged into the deceased's flat and assaulted him, leading to his death. Accused No. 6 (Applicant) was not present during the assault but was alleged to have made statements earlier indicating animosity towards the deceased. Proceedings and Findings (Para 5, 7, 8) The Sessions Court rejected the discharge application of Accused No. 6 based on the statement of an eyewitness, Ms. Kashmira Mandliya, who claimed the accused made comments about teaching the deceased a lesson. Accused No. 5 (Jaya Lulla) was previously discharged by the High Court in 2012 under similar circumstances. Court Observations and Decision (Para 9–14) The court found no specific or prima facie evidence linking Accused No. 6 to the assault or conspiracy. Mere presence in the building and vague statements are insufficient for indictment. No direct or corroborative evidence indicated the accused’s involvement. On the same grounds as Accused No. 5, the court discharged Accused No. 6, quashing the Sessions Court’s rejection order. ACTS AND SECTIONS DISCUSSED

Indian Penal Code, 1860:

Section 302 (Murder) Section 120B (Criminal Conspiracy) Section 323, 324, 325 (Voluntarily causing hurt) Section 452 (House-trespass) Section 504 (Intentional insult) Section 506 (Criminal intimidation) Section 34 (Common intention)

Code of Criminal Procedure, 1973:

Section 227 (Discharge in absence of sufficient evidence). RATIO DECIDENDI:

Vague allegations and absence of prima facie evidence cannot justify prosecution of an accused. Statements lacking corroboration or specific overt acts do not establish a case of conspiracy or direct involvement.

SUBJECTS:

Criminal Law, Discharge Application, Evidence Assessment.Discharge Application, Criminal Conspiracy, Prima Facie Evidence, IPC Section 227, Judicial Review