Indian Penal Code, 1860, Section 34 -- Common intention - Merely because two accused were armed, it cannot be said that they both are responsible of murder of deceased - Accused killed the deceased in exercise of his right of private defence - Co-accused may or may not have acted out of desire to protect accused - He did not share same intention as that of accused - It is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All accused who participated in crime with A-1 acquitted - Vicarious liability u/s 34 IPC would not be attracted so as to hold A-1 liable for offence u/s 302 IPC with the aid of S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- Common intention - If a person is not present at the spot, question of common intention does not arise...........
Indian Penal Code, 1860, Section 34 -- Common intention - Can be conceived immediately or at the time of offence and can be gathered from the circumstances that are brought on record by prosecution - Applicability of S.34 IPC is a question of fact and is to be ascertained from the evidence brought on record...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Carrying of weapons, arrival at a particular place and at the same time, entering into shed and murder of deceased definitely attract the constructive liability u/s 34 IPC - Absence of any injury caused by a lathi cannot be governing factor to rule out S.34 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two witnesses - Does not affect prosecution version and creates any doubt in the mind of Court, particularly when witnesses examined by prosecution are trustworthy and Court can safely rely on their testimony - No adverse inference therefore, can be drawn against prosecution...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased died due to gu, shot injury - Contention that accused `M' was carrying lathi, thus he had no role to play in the occurrence, rejected, as accused `M' had gone with other accused, who were carrying pistols and ballam with intention to kill deceased who were studying in the shed - Common..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Testimony of eye witnesses - PWs 1 to 3 deposed in detail about previous enmity between parties, their presence at the spot, weapons carried, their proximity to shed and establishment of identity of all four accused - They have also testified as regards deceased lying in a pool of blood - Nothing..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Previous enmity between parties - Testimony of eye witnesses - PW2 & PW3, eye witnesses to incident proved the presence of accused persons as well as their role of inflicting injuries thereby committing murder with a common intention - A-2 in his statement u/s 313 Cr.P.C. did not deny his presence on..........
Indian Penal Code, 1860, Section 34 -- Common intention - Requires a pre-oriented plan and acting in pursuance to plan - Common intention thus, must exist prior to commission of act or it may come into existence on the spot itself in a point of time...........
