2011 AIR SCW 31 ::2011 CRI. L. J. 952 ::AIR 2011 SC (Criminal) 1934 ::(2010) 3 DLT(CRL) 653 ::(2010) 3 AllCriR 3080 ::2010 (3) CurCriR 328 ::2010 (8) SCC 407 ::2010 (3) SCC(Cri) 893 ::2011 (1) MadLJ(Cri) 396 ::(2012) 1 RecCriR 497 ::2010 (8) Scale 27 ::(2011) 1 ALD(CRL) 464 ::2011 (1) CalCriLR 106 ::2011 CalCriLR 1 106 ::2010 (47) OCR 326 ::2011 (1) KCCR 21 SN ::(2011) 1 KCCR 21 ::2010 (4) Crimes 136 ::(2010) 94 AllIndCas 246 (SC) ::2010 All MR(CRI) 3955

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): Dalveer Bhandari, A. K. Patnaik , JJ

(A) Penal Code (45 of 1860) , S.34— Common intention - S.34 does not create distinct offence - But lays down principle of constructive liability. The vicarious or constructive liability under S.34, IPC can arise only when two conditions stand fulfilled, i.e. the mental element or the intention to commit the criminal act @page-CriLJ953 conjointly with another or others and the other is the actual participation in one form or the other in the commission of the crime. The common intention postulates the existence of a pre-arranged plan implying a prior meeting of the mindS.It is the intention to commit the crime and the accused can be convicted only if such an intention has been shared by all the accused. Such a common intention should be anterior in point of time to the commission of the crime but may also develop on the spot when such a crime is committed. In most of the cases it is difficult to procure direct evidence of such intention. In most of the cases it can be inferred from the acts or conduct of the accused and other relevant circumstanceS.Therefore, in inferring the common intention under S.34 the evidence and documents on record acquire a great significance and they have to be very carefully scrutinized by the Court. This is particularly important in cases where evidence regarding development of the comm....