Case Law: Relevance of the Evidence of Things Said or Done by the Conspirators with regard to the Common Design
Case law review: Section 10- Things said or done by conspirator in reference to common design
Subject: Law of Evidence
Submitted To:
Dr. K. Vidyullatha Reddy
Submitted By: Mohammed Omer Farooq
3rd Year, 5th Semester
Roll No: 2011-46
National Academy for Legal Studies and Research (NALSAR) University of Law, Hyderabad
Table of Contents
Table of Cases
Arul Raja v. State of T.N 9
Balmokond v. Emperor 3
Barindra Kumar Ghose v. Emperor 2
Bhagwan Das Keshwani v. State of Rajasthan 8
Bhagwan Swarup v. State of Maharashtra 5
HHB Gil v. King 2
In RE: Smt Sayalee Sanjeev Joshi, Member, Maharashtra Public Service Commission 8
Jayendra Saraswathi Swamigal v. State of Tamil Nadu 6
Kehar Singh v. State (Delhi admin) 5
Mirza Akbar v. King Emperor 4
Mohammed Ajmal Kasab v. State of Maharashtra 9
Mohan Singh v. State of Bihar 7
Narain Lal v. State of Rajasthan 2
Raees-Uz Zamma v. State of NCT 10
Ranjit Singh Sharma v. State of Maharashtra 6
Sidharth v. State of Bihar 7
State (NCT of Delhi) v. Navjot Sandhu @ Afsan Guru 8
State of Bombay v. Sardar Sardul Singh 4
State of Maharashtra v. Damu 8
State through SP of Police v. Nalini and others 9
Introduction
Where there exists a reasonable basis to believe that there exists a conspiracy between two or more persons to commit an offence then anything said done or written by any one of them in reference of the common intention after the time of such intention being formed is a relevant fact as against each person involved in the conspiracy and also to prove the existence of a conspiracy.1 The principle behind this section is that by conspiring together the conspirators jointly assume to themselves as a body, the attitude of individuality with regards the prosecution of the common design thus rendering whatever done by one of them in reference of the common intention a part of res gestate and therefore the act of all.2 This principle of evidence cannot
Subject: Law of Evidence
Submitted To:
Dr. K. Vidyullatha Reddy
Submitted By: Mohammed Omer Farooq
3rd Year, 5th Semester
Roll No: 2011-46
National Academy for Legal Studies and Research (NALSAR) University of Law, Hyderabad
Table of Contents
Table of Cases
Arul Raja v. State of T.N 9
Balmokond v. Emperor 3
Barindra Kumar Ghose v. Emperor 2
Bhagwan Das Keshwani v. State of Rajasthan 8
Bhagwan Swarup v. State of Maharashtra 5
HHB Gil v. King 2
In RE: Smt Sayalee Sanjeev Joshi, Member, Maharashtra Public Service Commission 8
Jayendra Saraswathi Swamigal v. State of Tamil Nadu 6
Kehar Singh v. State (Delhi admin) 5
Mirza Akbar v. King Emperor 4
Mohammed Ajmal Kasab v. State of Maharashtra 9
Mohan Singh v. State of Bihar 7
Narain Lal v. State of Rajasthan 2
Raees-Uz Zamma v. State of NCT 10
Ranjit Singh Sharma v. State of Maharashtra 6
Sidharth v. State of Bihar 7
State (NCT of Delhi) v. Navjot Sandhu @ Afsan Guru 8
State of Bombay v. Sardar Sardul Singh 4
State of Maharashtra v. Damu 8
State through SP of Police v. Nalini and others 9
Introduction
Where there exists a reasonable basis to believe that there exists a conspiracy between two or more persons to commit an offence then anything said done or written by any one of them in reference of the common intention after the time of such intention being formed is a relevant fact as against each person involved in the conspiracy and also to prove the existence of a conspiracy.1 The principle behind this section is that by conspiring together the conspirators jointly assume to themselves as a body, the attitude of individuality with regards the prosecution of the common design thus rendering whatever done by one of them in reference of the common intention a part of res gestate and therefore the act of all.2 This principle of evidence cannot
Bibliography: 1) VR Manohar (ed.), Ratanlal & Dhirajlal The Law of Evidence (Lexis Nexis Butterworths Wadhwa 24th ed., 2011). 2) BM Prasad (ed.), Woodrooffe and Ameer Ali Law of Evidence (Lexis Nexis Butterworths Wadhwa, 19th ed. 2013). 3) Vepa P Sarathi, Law of Evidence (Eastern Book Company, 6th ed. 2010).