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PETITIONER: BIMBADHAR PRADHAN
Vs.
RESPONDENT: THE STATE OF ORISSA.
DATE OF JUDGMENT: 13/03/1956
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER AIYAR, N. CHANDRASEKHARA
CITATION: 1956 AIR 469 1956 SCR 206
ACT: Indian Penal Code, 1860 (Act XLV of 1860), s. 120-B-Criminal conspiracy-Case where the only persons alleged to have been guilty of the offence of conspiracy were the persons placed on trial and only one person was concerned with the crime after the acquittal of the rest of the accused and the case where on the findings apart from the persons placed on the trial there was the approver who implicated himself and a number of other prosecution witnesses as having been privy to the conspiracy-Distinction between-Criminal Procedure Code, 1898 (Act V of 1898), ss. 225 and 537-Omission to mention the name of approver in the charge-Whether occasioned failure of justice-Repugnancy on the face of record in convicting only one person for conspiracy-English and Indian Law-Difference between.
HEADNOTE: The appellant and four others were placed on their trial before the Assistant Sessions Judge of Sambalpur for offences under ss. 120-B, 409, 477-A and 109, I.P.C. with having committed the offe...