Published on: October 10, 2023 at 00:19 IST
Court: Supreme Court of India
Citation: Mewa Ram V. State of Rajasthan (2017)
Honourable Supreme Court of India has held that the Sine Qua Non of the Section 34 of the Indian Penal Code, 1860 i.e., Common Intention which is bound to be proved by the prosecution are
- There is a common intention on the part of more than one person to commit a particular crime;
- The crime was actually committed by them in furtherance of that common intention.
- Essence of liability under Section 34 is simultaneous conscious mind of person participating in the criminal action to bring about a particular result.
13. It is noticed that there is fundamental difference between common intention and joint intention. Section 34 IPC talks of common intention which is an intention to commit the crime actually committed and each accused person can be convicted of that crime, only if he has participated in that common intention and to fasten with the same liability as that of the main accused who was perpetrator of the crime.
Drafted By Abhijit Mishra