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Section 34 IPC, it must be established that the criminal act was done by
more than one person in furtherance of common intention of all. It must,
therefore, be proved that:- (i) there was common intention on the part
of several persons to commit a particular crime and (ii) the crime
was actually committed by them in furtherance of that common intention.
Common intention implies pre-arranged plan. Under Section 34 IPC.
.....Sudip KR. Sen =VS= State of West Bengal (Criminal), 2016-[1 LM (SC)
605] ....View Full Judgment
No common intention–
Both the courts below have erred in law in holding that the charge
under Section 304B read with Section 34 IPC stood proved as against the
present appellants. In our opinion, in view of the evidence discussed
above, it cannot be said that it is proved beyond reasonable doubt that
the present appellants, who are sister-in-law and brother-in-law of
the deceased, tortured the victim for any demand of dowry. In our
opinion, in the present case which is based on circumstantial evidence
it cannot be said that appellants had any common intention with the
husband of the deceased in commission of the crime. It is sufficiently
shown on the record that they used to live in a different village.
Therefore, we are inclined to allow the present appeal. .....Bibi Parwana
Khatoon =VS= State of Bihar, (Criminal), 2017 (2)– [3 LM (SC) 55] ....View Full Judgment
"Common intention" of several persons is to be inferred from their conduct,
manner of doing the act and the attending circumstance. If one has
intention to do any act and others share this intention their intention
becomes common intention of them all, and if the act is done in furtherance
of their common intention then all who participated in the act are equally
liable for the result of the act. ….. (13 BLC HCD 646)
The common purpose. Where persons joined together, moved by a common
intention or an intention to do a certain act or cause a certain act or
cause a certain effect for the doing or causing of which they have agreed
or combined, and accomplish the common act, all are jointly and severally
punished for the consequences even though all of them have not individually
done the act or caused the effect; common intention implies a pre-arranged
plan, an act, done in concert pursuant to that pre-arranged plan. Common
intention as used in section 34 of the Code, implies a pre-arranged plan
and an accused person cannot be convicted in respect of a criminal act by
application of this section unless such act was done in concert pursuant to
the pre-arranged plan. ….. (Sarder Ali Vs. Crown, 9 DLR (FC) 7)
See, section 34 of the Penal Code, 1860 (XLV of 1860).
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