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M. R. SHAH, C. T. RAVIKUMAR
State of Madhya Pradesh – Appellant
Versus
Jad Bai – Respondent
JUDGMENT :
M.R. SHAH, J.
Leave granted.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.09.2019 passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal No. 1244/2011, by which the High Court has allowed the said appeal preferred by the respondent herein-Jad Bai and has acquitted her for the offences punishable under section 302 read with section 34 of the Indian Penal Code (for short ‘IPC’) by observing that the prosecution has failed to prove the case of common intention against her, the State of Madhya Pradesh has preferred the present appeal.
2. The respondent herein and the co-accused-husband and son of the respondent, all were tried and ultimately convicted for the offences punishable under section 302 read with section 34 of the IPC for having killed Vesta, the deceased.
3. That an FIR was lodged by one Nanbai-wife of the deceased at the Police Station Nanpur, alleging that on the Diwali night at about 10:00 or 11:00 pm the elder brother of her husband (Jeth)-accused No. 1-Sekadiya and his son Mukesh-accused No. 2 came to her house to call her husband saying that there had been cooked ‘Murga’ in their house. According to t
The court reaffirmed that the intention to kill can be established through circumstantial evidence and that joint liability under Section 34 IPC applies when multiple individuals participate in a cri....
Common intention requires proof of a prior agreement to commit an offense, with liability under Section 34 based on shared intent and concerted action among accused.
The prosecution must prove common intention for vicarious liability under Section 34 IPC; mere presence is insufficient for conviction.
Criminal Law - Common Intention - Liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act....
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