Privy Council

Mirza Akbar v King-Emperor

[1940] UKPC 3119401 min read
The case in brief30-second read
Facts
Mirza Akbar was convicted of conspiring with Mst Mehr Taja to murder her husband. A statement by her to a magistrate after her arrest was admitted against him.
Issue
Whether a co-conspirator's statement made after the conspiracy ended is admissible under S.10 of the Evidence Act.
Held
S.10 admits only things said or done while the common intention was operative and in carrying it out. Her post-arrest narrative of past events was wrongly admitted, but the conviction stood on the other evidence, including letters.
Principle
Statements made after the conspiracy has ended are not admissible against co-conspirators under S.10.
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Facts

  • Mirza Akbar was convicted of conspiring with Mst Mehr Taja to murder her husband. A statement by her to a magistrate after her arrest was admitted against him.

Issue

  1. Whether a co-conspirator's statement made after the conspiracy ended is admissible under S.10 of the Evidence Act.

Held

  • S.10 admits only things said or done while the common intention was operative and in carrying it out. Her post-arrest narrative of past events was wrongly admitted, but the conviction stood on the other evidence, including letters.

Cite this

Citation

Mirza Akbar v King-Emperor [1940] UKPC 31

Reported: https://indiankanoon.org/doc/1912859/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.