S.34 ipc
Jay
(Querist) 04 December 2012
This query is : Resolved
latest position of sec.34 of IPC with latest judgments.
Ld. Judge says that the presence of accused is not at all necessary at the place of incidence.... sec. 34 can be attracted...
ajay sethi
(Expert) 04 December 2012
In Ram Tahal and others v. The State of U.P., while dealing with the applicability of Section 34 of the IPC, a two-Judge Bench of Supreme Court observed there is no doubt that a common intention should be anterior in time to the commission of the crime showing a pre-arranged plan and prior concert, and though it is difficult in most cases to prove the intention of an individual, yet it has to be inferred from the act or conduct or other relevant circumstances of the case. This inference can be gathered by the manner in which the accused arrived on the scene and mounted the attack, the determination and concert with which the beating was given or the injuries caused by one or some of them, the acts done by others to assist those causing the injuries, the concerted conduct subsequent to the commission of the offence, for instance, that all of them had left the scene of the incident together, and other acts which all or some may have done as would help in determining the common intention. In other words, the totality of the circumstances must be taken into consideration in arriving at the conclusion whether the accused had a common intention to commit an offence with which they could be convicted
ajay sethi
(Expert) 04 December 2012
In Rajesh Govind Jagesha v. State of Maharashtra, a two-Judge Bench has held that the existence of common intention can be inferred from the attending circumstances of the case and the conduct of the parties. No direct evidence of common intention is necessary. For the purpose of common intention, even the participation in the commission of the offence need not be proved in all cases.
35. In Bishna alias Bhiswadeb Mahato and others v. State of West Bengal, it has been held that for the purpose of attracting Section 34 of the IPC, specific overt act on the part of the accused is not necessary. He may even wait and watch. Inaction on the part of an accused may sometime go a long way to achieve a common intention or an object with others.
R.K Nanda
(Expert) 04 December 2012
search indiankanoon.com.
Devajyoti Barman
(Expert) 04 December 2012
Make some effort on your own.
Citations have no blanket applicability unless the cases are of similar nature and under similar circumstance.
Raj Kumar Makkad
(Expert) 04 December 2012
Citations depend upon the facts of the case otherwise there are thousands of citations on a particular section which can be produced in multiple here.
