2004 (12) TMI 665

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....minal case registered under Section 120-B read with Section 302 and Section 109 of the Indian Penal Code. Charges were framed against him and he filed a petition under Section 482 of the Criminal Procedure Code before the High Court. The learned Single Judge quashed the charges framed against the respondent. The allegation against the respondent was that he entered into a conspiracy with another accused Dr. Sanjay Singh and in furtherance of the common object of the conspiracy joined hands with other accused to cause the murder of one Syed Modi on 28th July, 1988. Deceased Syed Modi was a badminton player of international fame. He was a national champion of badminton for eight years and during the relevant time he was working as a Welfar....

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....ta Kulkarni continued to have her meetings with Dr. Sanjay Singh and deceased Syed Modi used to raise objections and there were frequent quarrels between Syed Modi and his wife. It is alleged that Dr. Sanjay Singh was informed of these developments and he wanted to do away with Syed Modi. He took the assistance of the respondent, Akhilesh Singh, who had criminal antecedents and was involved in several criminal cases, including murder. The respondent was alleged to have association with other accused, namely, Amar Bahadur Singh, Balai Singh, Jitendra Singh @ Tinku. After mission to liquidate Syed Modi. The respondent left for Delhi by Gomti mail in the morning of 27.7.1988. On 28.7.1988 at about 7.45 P.M., Syed Modi was shot dead by Amar Bah....

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....cknow when the incident happened. Respondent was implicated in the case on the basis of the alleged conspiracy between himself and the original accused Dr. Sanjay Singh. There is no other material placed before the court to prove the complicity of the respondent. Mr. Ram Jethmalani, learned Senior Advocate appearing on behalf of the respondent drew our attention to the various reasons given by the learned Single Judge for passing the impugned order. There was no direct evidence to show that the respondent had supplied the weapons and rendered assistance to the assailants in carrying out the common object of killing Syed Modi. Had the conspiracy charge been established, at least some of the acts and conduct of the respondent could have been ....