The prosecution case is that on 26.11.2001 after getting a consignment of Masoor loaded in a truck at Silwani for being transported to Indore, Vivek (PW-15) boarded the truck, which at the relevant time, was allegedly driven by accused no.5 – Balla @ Farhat. It is, however, alleged that after the Truck reached Gairatganj, accused No.5 – Balla @ Farhat got down and one Lalmiyan started driving the Truck. However, in the appeal so far as accused no.6 – Habib and accused no.7 – Imran are concerned, the conviction under Section 120B of the IPC was set aside and the conviction under Section 412 was converted into Section 411 of the IPC by the High Court of Madhya Pradesh vide the impugned judgment dated 22.10.2010. As regards the conviction of accused no.5 – Balla @ Farhat under Section 120-B of IPC is concerned, we find that the High Court has set aside the conviction of all six other accused persons under Section 120B and accused no.5 – Balla @ Farhat is the only accused who has been convicted for the offence under Section 120-B. There cannot be a conspiracy by only one accused, and it is necessary for the applicability of Section 120-B of the IPC that there must be two or more persons agreeing for the purpose of the conspiracy. Accordingly, the appeals succeed, and we pass the following order: (i) Criminal Appeal No.2257 of 2011 stands abated as far as appellant no.1 – Habib is concerned.
(ii) Appellant – Balla @ Farhat (accused no.5) in Criminal Appeal No.2256 of 2011 and appellant no.2 – Imran (accused no.7) in Criminal Appeal No.2257 of 2011 are acquitted of the offences alleged against them.
Case Title: BALLA @ FARHAT Vs. THE STATE OF MADHYA PRADESH (2023INSC740)
Case Number: Crl.A. No.-002256-002256 / 2011
