AIR 1976 SUPREME COURT 2027 ::1976 Cri App R (SC) 185 ::(1976) 3 SCC 779 ::1976 SCC(Cri) 518 ::1976 3 SCR 876 ::1976 SC Cri R 437

Supreme Court Of India

(From: Madras)*

Hon'ble Judge(s): R. S. Sarkaria, N. L. Untwalia , JJ

(A) Penal Code (45 of 1860) , S.34— Application of - Essential for - Simultaneous consensus of minds of persons participating in criminal action of bring about a particular result. Section 34 is to be read along with the preceding Section 33 which makes it clear that the ''act'' spoken of in Section 34 includes a series of acts as a single act. The acts committed by different confederates in the criminal action may be different but all must in one way or the other participate and engage in the criminal enterprise, for instance one may only stand guard to prevent any person coming to the relief of the victim or to otherwise facilitate the execution of the common design. Such a person also commits an ''act'' as much as his co-participants actually committing the planned crime. In the case of an offence involving physical violence, however, it is essential for the application of Sec. 34 that the person who instigates or aids the commission of the crime must be physically present at the actual commission of the crime for the purpose of facilitating or promoting the offence, the commission of which is the aim of the joint criminal venture. Such presence of those who in one way or the other facilitate the execution of the common design, is itself tantamount to actual participation in the ''criminal act.'' The essence of Section 34 is simultaneous consensus of the ....