Back
VINAY JOSHI, ABHAY J. MANTRI
Jayanand S/o Arjun Dhabale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY J. MANTRI, J.
1. This appeal is directed against the judgment and order dated 02-02-2021 passed by the learned Additional Sessions Judge, Pusad (for short ‘the learned Judge’) in Sessions Trial Case No. 51/2015, convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, “IPC”) and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- each, in default to suffer rigorous imprisonment for one month each. They are also convicted for an offence punishable under Section 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- each, in default to suffer further rigorous imprisonment for one month each.
2. FACTUAL MATRIX:
(ii) The incident occurred on 01-05-2015 at about 9-00 a.m. On that day, Kishor and his wife heard Sunanda’s hue and cry for help from her house. So, Kishor ran there and saw that acc
The prosecution must prove common intention for vicarious liability under Section 34 IPC; mere presence is insufficient for conviction.
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.
(1) Common intention – An act would mean and include other acts along with it – Section 34 IPC creates a deeming fiction by infusing and importing a criminal act constituting an offence committed by ....
Conviction under Section 302 IPC requires proving common intention, which can be inferred from circumstantial evidence, even without a specific charge under Section 34 IPC.
Point of law: Conviction – Modified - witnesses are vital in nature and so also they are the natural witnesses even though they have been stated that they are related to each other and interested wit....
In custodial death cases, all involved in the torture share liability under Section 34 IPC regardless of direct participation, as joint culpability is established by shared common intention.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
