AIR 1997 SUPREME COURT 2186 ::1997 AIR SCW 2047 ::1997 CriAppR(SC) 136 ::(1997) 24 CriLT 533 ::(1998) ILR 1 P&H 191 ::(1997) 1 CriCJ 659 ::(1997) 2 MadLW(Cri) 585 ::1997 (4) CurCriR 143 ::(1997) 2 HinduLR 736 ::1997 CriLR(SC&MP) 375 ::1997 (4) SCC 445 ::1997 SCC(Cri) 600 ::(1997) 3 RecCriR 48 ::(1997) 3 Scale 282 ::1997 CriLR(SC MAH GUJ) 375 ::1997 (4) AllCriLR 757 ::1997 CalCriLR 195 ::1998 (1) BLJ 26 ::1997 (2) BLJR 1009 ::1997 BLJR 2 1009 ::(1997) 3 ChandCriC 48 ::1997 (2) EastCriC 421 ::(1997) 13 OCR 1 ::(1997) 2 Pat LJR 1 ::(1997) 3 SCR 335 (SC) ::1997 (2) SCJ 38 ::1997 (2) Crimes 15 ::1997 (3) Supreme 397 ::(1997) 2 ChandCriC 81 ::1997 (34) AllCriC 710 ::(1997) 4 JT 405 (SC) ::1997 (4) JT 405

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): M. M. Punchhi, K. T. Thomas , JJ

(A) Penal Code (45 of 1860) , S.396— Dacoity with murder - Murder by one or some of dacoits only - Proof of common intention or common object of all - Not necessary - Every one of dacoits liable to be punished under Section though all of them had no participation in murder. If a dacoit in the progress of, and in pursuance of, the commission of a dacoity commits a murder, all of his companions, who are participating in the commission of the same dacoity may be convicted under this Section, although they may have no participation in the murder beyond the fact of participation indacoity. It is not necessary for the prosecution in such a case to establish either any common in tention envisaged in Section 34 or common object contemplated in Section 149 of IPC. It is not necessary that the murder should have been within the contemplation of all or some of them when the dacoity was planned, nor is it necessary that they should have actually taken part in, or abetted, its commission, Indeed they may not have been present at the scene of murder, or may not have known even that murder was going to be, or had in fact been committed. But nonetheless they all will be liable for enhanced punishment, provided a person is in fact murdered by one of the members of the gang in commission of the dacoity.(Para 7 8) ....