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Criminal LawSupreme Court of India

Bilal Hajar @ Abdul Hameed v. State Rep. by the Inspector of Police

Criminal Appeal · 2018 INSC 945Decided 10 Oct 2018
Criminal Appeal No. 1305 of 2008
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

Nine persons were tried for murder after posters threatening to kill a man named Siva appeared on public walls in Coimbatore in 1991; Siva was later stabbed to death by some of the accused. The appellant (accused no. 6) was convicted only under Section 120-B IPC (criminal conspiracy) for allegedly hosting the meeting at his house where the plan to kill Siva was hatched, and was sentenced to life imprisonment. He appealed to the Supreme Court, arguing the two prosecution witnesses who placed him at that meeting (a tea-stall owner and his tea-boy) were unreliable "chance witnesses."

Decision Breakdown

The Supreme Court held that an appellate court under Article 136 of the Constitution should be slow to re-appreciate evidence already concurrently accepted by two lower courts unless the findings are perverse or made without evidence. On examining the testimony of the two witnesses itself, the Court found it natural, consistent, and uncontradicted on any material point, and noted the appellant had chosen not to cross-examine either witness. The Court held that physical presence at the actual killing was not necessary for a conspiracy conviction, hosting the meeting where the plan was hatched was sufficient to sustain guilt under Section 120-B IPC read with Section 302 IPC. The appeal was dismissed and the conviction and life sentence upheld.

Lesson Learnt

A person can be criminally liable for conspiracy to murder even without being present at the actual killing, if evidence shows they participated in planning it; and failing to cross-examine a witness on alleged inconsistencies can later bar a party from challenging that witness's credibility on appeal.

Bilal Hajar @ Abdul Hameed v. State Rep. by the Inspector of Police – Legal Case Shots | LegalAware