Summary
The Court affirmed three murder convictions with common-intention liability. The appellant who did not strike the victims nevertheless participated by intercepting them, joining pursuit and facilitating the fatal assault. Acquittal of two other accused did not create parity against consistent evidence identifying these appellants. Absence of a separate Section 34 charge caused no prejudice where the relevant facts and evidence were the same.
Issues
- Whether common intention could attach to the appellant without a personally inflicted blow.
- Whether co-accused acquittals, identification objections or absence of a Section 34 charge required reversal.
Provisions considered
- Section 34, Indian Penal Code, 1860Applied joint liability from concerted interception, pursuit and facilitation, without requiring every participant personally to assault. (¶¶ 8, 13, 14, 15, 16, 17, 18)
Held
- Common intention may be inferred from the cumulative facts and can develop on the spot. Roles may differ, and a participant who facilitates the common criminal design need not personally inflict an injury. The mental element and concerted participation must nevertheless be established. (¶¶ 13, 14, 15, 16, 17)
- The first appellant lay in wait with the armed others, stopped the victims, and joined in chasing and catching the injured victim before the further assault and dragging him back. Those acts established shared intention despite the absence of a blow attributed to him. (¶ 18)
- Benefit of doubt given to the two acquitted accused did not displace the consistent and materially reliable evidence against the appellants. The identification objection was unpersuasive in light of the other witnesses, dusk conditions and prior familiarity. (¶¶ 8, 9, 10, 11, 12)
- Where the facts to be proved and evidence concerning joint liability remain the same, failure separately to charge Section 34 causes no prejudice. Its application after the number of convicted participants fell below five did not invalidate these convictions. (¶ 8)
Result
Appeal dismissed. Convictions under Section 302 read with Section 34 IPC, life imprisonment, fine and default stipulation maintained.