Supreme Court of India

Saju v State of Kerala

2000 INSC 52920011 min read
The case in brief30-second read
Facts
Saju was convicted of murder with the aid of conspiracy (S.120B IPC) and abetment (S.109 IPC) on the footing that he had agreed with the co-accused Biju to kill the deceased.
Issue
Whether conspiracy or abetment was proved against Saju.
Held
Saju was acquitted. Mere presence with the co-accused, motive and the circumstances relied on did not prove an agreement to commit the murder beyond reasonable doubt, so neither conspiracy nor abetment was made out.
Principle
Conspiracy and abetment must be proved by evidence of an agreement or intentional aid; suspicion and association are not enough.
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Facts

  • Saju was convicted of murder with the aid of conspiracy (S.120B IPC) and abetment (S.109 IPC) on the footing that he had agreed with the co-accused Biju to kill the deceased.

Issue

  1. Whether conspiracy or abetment was proved against Saju.

Held

  • Saju was acquitted. Mere presence with the co-accused, motive and the circumstances relied on did not prove an agreement to commit the murder beyond reasonable doubt, so neither conspiracy nor abetment was made out.

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Citation

Saju v State of Kerala 2000 INSC 529

Reported: https://indiankanoon.org/doc/144956/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.