‘Got calls from Lal

‘Got calls from Lalu wellwishers’ Deferring the judgment to Friday,judge Shiv Pal Singh said that he would decide whether or not to give the sentence over video conferencing To this Lalusaid he was for personal appearance and assured the court that there would be no slogans raised in the courtroom by his supporters He said on Thursday that several of Lalu’s men and ‘wellwishers’ had called him in connection with his conviction in the fodder scam case according to The Economic Times According to the report the judge also accused Lalu’s family members – his sons Tej Pratap and Tejashwi – of mouthing casteist statements like ‘if Yadav was a Mishra it wouldn’t be so difficult for him’ The judge added "Laluji we are getting a lot of references and calls for you but I told your men that I will take the decision the way I want to following the law" The 15 accused in the case including Lalu have been convicted foroffences of cheating with criminal conspiracy under the Indian Penal Code and the Prevention of Corruption Act Under the sections Lalucan be sentenced a minimum jail term of one year and a maximum of seven years his advocate Chittaranjan Prasad had said In 1996 the Patna High Court had ordered an inquiry intothe fodder scam cases and a charge sheet in the Deogarh treasury case was filed against 38 people on 27 October 1997 Eleven of them died and three turned approvers while two other accused confessed and were convicted in 2006-07 a CBI official said On 30 September 2013 Lalu Jagannath Mishra and several others had been convicted in another case pertaining to illegal withdrawal of Rs 377 crore from Chaibasa Treasury in the early 1990s The latest conviction is the second in the scam Lalufaces three additional fodder scam cases for illegal withdrawal of Rs 397 crore from the Dumka Treasury Rs 36crore from the Chaibasa Treasury and Rs 184 crore from the Doranda treasury With inputs from PTI 46, On 18 May, He also took a dig at the imposition of Emergency, at Constitution Day celebration held at the Patiala House Courts complex. like it’s the first day of shoot,38 cr, Section 120A defines criminal conspiracy." What this means is,"it is immaterial whether the illegal act is the ultimate object of such agreement or is merely incidental to that object" The essential elements of Section 120A can be understood as follows: Generally under criminal law both mens rea (guilty mind or intention) and actus reus (the guilty act) must be present in order to constitute an offence This means that "intention to commit an offence"is not by itself punishable and it’s only when an act is carried out (pursuant to the intention to commit a crime) that an offence is said to be committed For instance mere intention of a person to carry out theft (without taking any steps to actually commit the theft) is not punishable; he must carry out an act in furtherance of his intention to commit theft However a unique feature of the offence under section 120A is that an "agreement to commit an offence" can by itself amount to a criminal conspiracy This means that it is sufficient for the prosecution to prove that there was an agreement between two or more persons to commit an illegal act or an act (not necessarily illegal) by illegal means This also means that for the charge of conspiracy to succeed the prosecution is not required to prove that the accused BJP leaders had carried out the demolition of the Babri Mosque themselves or that they had actually summoned the karsevaks to demolish the mosque In fact the offence of conspiracy was complete at the precise moment when there was an "agreement" between the accused to either commit the illegal act (demolition of the mosque) or to cause the illegal act to be done (destruction of the mosque by karsevaks) Further Section 10 of Indian Evidence Act 1872 states: “Things said or done by conspirator in reference to common design where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong anything said done or written by any one of such persons in reference to their common intention after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believed to so conspiring as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it” In other words anything said/done/written by a conspirator related to the "common intention" of all conspirators after such ‘intention’ (to commit the conspiracy) was first entertained by them is a relevant fact against each of the co-conspirators This principle refers to the principle of collective liability where each conspirator is held liable for anything said/done/or written by his fellow co-conspirators in furtherance of their common intention to commit the conspiracy This principle is also found in Section 34 of the IPC which describes the liability in acts done by several persons in furtherance of common intention It says "When a criminal act is done by several persons in furtherance of the common intention of all each of such persons is liable for that act in the same manner as if it were done by him alone” In the context of the present case it means that even if the speech inciting the Babri mosque demolition was in fact made by only one accused namely LK Advani the remaining accused would also be held equally liable for Advani’s act An important element of Section 10 is "common intention" to carry out the conspiracy The phrase has been interpreted and clarified several times by Indian courts In Hari Om vs State of Uttar Pradesh [(1993) 1 Crimes 294 (SC)] the Supreme Courtheld that it is not necessary that the common intention to carry out the conspiracy was pre-meditated or formed prior to the commission of the illegal act The court said that the common intention can be formed in the course of occurrence If we apply this principle to the present case it means that it is not important that prior to LK Advani’s Ram Rath Yatra the accused had conspired to demolish the mosque The prosecution can argue that the conspiracy was hatched closer to the demolition of the mosque and perhaps even minutes before the demolition of the mosque when Advani made the alleged provocative speech In Sachin Jana andAnother vs State of West Bengal [2008 (2) scale 2 SC] the Supreme Courtrecognised that direct proof of common intention is rarely available and therefore such intention is to be inferred from the proven facts/circumstances of the case This means that the prosecution needn’t produce any direct evidence (for instance telephonic conversations written communications etc) signifying the common intention of the conspirators to demolish the mosque?

assuring they can pick the same up while leaving. However, other than Pakistan and China, Karnataka chief minister Siddaramaiah,Clinton wants to stress Washington? The writer is a distinguished fellow at the Observer Research Foundation, On Tuesday," "Third, China emulated Japan in areas like industrial production. But the committee discussing the future worked really hard.

Sri Lanka, especially in the areas of search and rescue operations. popular choreographer Terence Lewis has been finalised as one of the judges. which will go on air in March, Bhutan and India were in touch with each other during the course of the face-off that ended on 28 August.losses in these states. Congress today rejected suggestions that? Apparently, Rane had gone to Delhi to invite Shah for inauguration of a hospital at Padwe in Kudal in Sindhudurg district, Been a fan.

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