Section 34 IPC: Prior Concert & Prearranged Plan Has To Be Established For Conviction Invoking Common Intention
Case: Gadadhar Chandra vs State of West Bengal
Coram: Justices Ajay Rastogi and Abhay S. Oka
Case No.: CrA 1661 OF 2009
Court Observation: “The prosecution has not explained its failure to examine these two crucial witnesses, who apart from being eye witnesses, were sitting along with the appellant and Arjun just before the incident near the place of incident. The prosecution has withheld the evidence of two material witnesses who could have thrown light on the incident. Hence, this is a 8 case for drawing an adverse inference against the prosecution. Moreover, the knife allegedly used by the appellant has not been recovered. According to the prosecution, the appellant questioned the deceased why he had beaten Subhas Chandra, the appellant’s elder brother. After that, there was an exchange of words. The exchange of blows was between the deceased and Arjun. The scuffle was between the deceased and Arjun. Ultimately, it was Arjun who stabbed the deceased”
Common intention contemplated by Section 34 of IPC presupposes prior concert. It requires meeting of minds. It requires a prearranged plan before a man can be vicariously convicted for the criminal act of another. The criminal act must have been done in furtherance of the common intention of all the accused. In a given case, the plan can be formed suddenly. In the present case, the non examination of two crucial eye witnesses makes the prosecution case about the existence of a prior concert and prearranged plan extremely doubtful.
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