Indian Penal Code, 1860, Section 34 -- Common intention contemplated by S.34 IPC pre-supposes prior concert...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two material witnesses - Scuffle between deceased and co-accused when they were sitting with accused and two persons - It was co-accused who stabbed deceased - Prosecution ought to examine these two persons who appears to be eye witnesses to incident - They were privy to conversation..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Once it has been established and proved by prosecution that all accused came at the place of incident with a common intention to kill deceased and as such they shared common intention, in that case it is immaterial whether any of accused who shared the common intention had used any weapon or not and/or..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - No contradictions between ocular and medical evidence - Presence of all accused established and proved - Prosecution successful in proving that all accused shared common intention - Trial Court rightly convicted all the accused and High Court committed error by reversing conviction and acquitting..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Conjoint attack on deceased was inhumane and extensive injuries were found on her body including on her vital parts - Brutal attack launched on a helpless housewife by her husband and in-laws clearly disclose their intention to murder her - Brothers-in-law pinned her down while her husband mercilessly..........
Indian Penal Code, 1860, Section 34 -- Common intention - If final outcome or offence committed is distinctly remote and unconnected with common intention, S.34 IPC would not be applicable - However, if criminal offence done or performed was attributable or was primarily connected or was a known or reasonably possible outcome of the preconcert/contemporaneous engagement or..........
Indian Penal Code, 1860, Section 34 -- Common intention - Common intention or crime sharing may be by an overt or covert act, by active presence or at distant location but there should be a measure of jointness in the commission of the act - Even a person not doing a particular act but only standing as a guard to prevent any prospective aid to victim may be guilty of..........
Indian Penal Code, 1860, Section 34 -- Common intention - For S.34 IPC to apply there should be common intention between co-perpetrators which means that there should be community of purpose and common design or pre-arranged plan - However, this does not mean that co-perpetrators should have engaged in any discussion, agreement or valuation...........
Indian Penal Code, 1860, Section 34 -- Common intention - Expression `criminal act' in S.34 IPC refers to physical act, which has been done by co-perpetrators/participants as distinct from the effect, result or consequence - `Criminal act' is different from `offence'...........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Testimonies of all eye witnesses implicate accused `K' as perpetrator who had assaulted deceased after he had fallen down - Version of role of accused `K' deposed by eye witnesses gets corroboration from post-mortem report and deposition of doctor - Death occurred due to multiple..........
