Criminal conspiracy cannot stand against one accused when all named co-conspirators are acquitted and no unknown conspirators are charged.

Criminal conspiracy requires proof of an agreement between at least two persons, so a lone accused cannot be convicted where the charge alleges conspiracy only among named persons and all other alleged co-conspirators are acquitted. Because the indictment did not allege an agreement with persons unknown, the acquittal of the named co-accused removed the legal basis for sustaining the conspiracy charge. The conviction under Section 120-B IPC was therefore held illegal and quashed, while the convictions and sentences for the other offences remained undisturbed.

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Issues: Whether a conviction for criminal conspiracy under Section 120-B of the Indian Penal Code, 1860 can be sustained when all the named alleged co-conspirators except the accused are acquitted, and the indictment does not allege conspiracy with persons unknown.

Analysis: Criminal conspiracy under Section 120-A of the Indian Penal Code, 1860 requires an agreement between two or more persons. A single person cannot conspire alone. Where the charge is framed only against named accused persons and the indictment does not allege an agreement with persons unknown, the acquittal of all alleged co-conspirators leaves no legally sustainable basis for convicting the remaining accused of conspiracy. The essential element of concerted agreement is absent once the only other named participants are acquitted.

Conclusion: The conviction under Section 120-B of the Indian Penal Code, 1860 was illegal and could not stand; the appellant was entitled to succeed on this issue.

Final Conclusion: The conviction and sentence for criminal conspiracy were quashed, while the convictions and sentences for the other offences were left undisturbed.

Ratio Decidendi: A conviction for conspiracy cannot be sustained against a lone accused when the charge alleges agreement only among named persons and all the alleged co-conspirators are acquitted, because criminal conspiracy necessarily requires proof of an agreement between at least two persons.

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