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Intention is the state of one's mind at the time one carries out an action.
It is the planning and desire to perform an act, to fail to act or to
achieve a state of affairs. So intention refers only to the state of mind
with which the act is done or omitted.
‘Intention’ has been defined as the fixed direction of the mind to a
particular object, or a determination to act in a particular manner, and is
distinguishable from ‘motive’, that which incites or stimulates action.
A man’s intention ought to be judged by his acts and not from hat may be
in his mind. It should be ascertained by taking into consideration the
entire transaction. [Raghbir Singh vs. CIT AIR 1958 Punj. 260]
Intention is a state of mind. Therefore, it can only be inferred from (1)
the set of accused (2) The surrounding circumstances when the act was
committed and (3) other facts and circumstances. Though facts and
circumstances subsequent to the entry are relevant, yet they are so, only
in aid to ascertain the state of mind at the time of entry. …..
[Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD) = 28 DLR (AD) 162]
Intention–
The word ‘intention’ implies that the act intended is in the future,
and the action makes the relevant statements made up by a conspirator with
reference to the future. Anything said, done or written’ by any of the
conspirators is admissible under this section, if it is in reference of
their common intention, even though it is not in furtherance of their
common design. Accordingly anything said, done or written by a conspirator
after the conspiracy was formed will be evidence against other conspirators
whether it was said, done, or written before, during or after the other
conspirators participated in the conspiracy. When specific acts done by
each of the accused have been established showing their conviction with
their common intention, they are also admissible against other accused.
(Per S. K. Sinha, J) ...Major Md. Bazlul Huda(Artillery)=VS=The State(Banga
Bandhu Murder Case), (Criminal), 2020 [9 LM (AD) 386] ....View Full Judgment
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