Criminal Conspiracy Requires More Than Mere Suspicion, Accused Nos. 5 to 8 Acquitted Under Section 120B IPC: Kerala High Court

In a significant ruling, the Kerala High Court has acquitted accused Nos. 5 to 8 in a murder case involving gang rivalry in Thiruvananthapuram. The bench comprising Justice P.B. Suresh Kumar and Justice Johnson John, on 27 March 2024, set aside their conviction under Section 120B of the IPC for lack of substantial evidence of conspiracy.

The appeals arose from convictions under IPC sections 302, 341, and 120B for murder and conspiracy. The court affirmed the conviction of accused Nos. 1 to 4 for murder under Sections 341 and 302 r/w Section 34 IPC but found insufficient evidence for conspiracy under Section 120B IPC. The convictions under Section 326 IPC were also set aside due to Section 71 of the IPC, addressing double jeopardy.

The case centered on the murder of Sunil Babu, stemming from gang rivalry. The appellants challenged their convictions for murder and conspiracy. The primary issue was whether the evidence established their involvement in the murder and whether a criminal conspiracy existed among all accused.

The Court relied on testimonies of PWs 1, 3, 6, 33, and 48 and medical evidence, finding credible evidence against accused Nos. 1 to 4 in Sunil Babu's murder. Discrepancies in witnesses' timing were deemed minor.

Criminal Conspiracy - Lack of Evidence: There was no substantial evidence of a criminal conspiracy under Section 120B IPC. The presence of accused Nos. 5 to 8 at the crime scene and call record analysis were found insufficient.

Double Jeopardy - Section 71 IPC: The conviction under Section 326 IPC for accused Nos. 1 to 4 was set aside due to Section 71 of IPC, avoiding double conviction for the same act.

Decision of the Court: The Court partly allowed the appeals of accused Nos. 1 to 4, maintaining their conviction for murder under Sections 341 and 302 r/w Section 34 IPC. However, their convictions under Sections 120B and 326 IPC were set aside. Accused Nos. 5 to 8 were acquitted of charges under Section 120B IPC. The court closed any pending interlocutory applications.

Date of Decision: 27 March 2024

BINU @ KARI BINU Vs. STATE OF KERALA