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Jainantony Antony   22 February 2020

application of sec.34IPC

police says IN the FIR two persons
WHO ACTUALLY CHASED the the victim among the four persons .lastly the victim fell in the river qnd died
as a result of chasing how can effect sec.34 of IPC among other two persons who has not chased the victim but their presence was there


Learning

 2 Replies

Adv Haresh Raichura (Advocate on Record)     22 February 2020

If there is evidence of common intention, prior meeting of mind, sec 34 Applicable.

Joy Bose   22 February 2020

Hello,
In this case, the two other people will not be held liable under section 34 because "common intention" is missing. If somehow, it can be proved that the two people standing instigated the other two to follow the victim, then they can be held jointly liable under section 34.

Regards,

Joy Bose


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