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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Ashok Babu – Appellant
Versus
STATE GOVERNMENT OFNCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. conviction based on grievous hurt (Para 1 , 2 , 3) |
| 2. defense claims false implication (Para 4 , 5) |
| 3. lack of evidence for common intention (Para 6 , 7 , 13 , 14) |
| 4. constructive liability under section 34 ipc (Para 11 , 12) |
| 5. appeals allowed; convictions overturned (Para 15 , 16 , 17 , 18) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. By way of present appeals, the appellants seek to assail the judgement of conviction dated 17.10.2023 and order on sentence dated 18.01.2024 in Session Case No.110/2019 arising out of FIR No. 301/2016 registered under Sections 323/341/506/34 IPC at P.S. Karawal Nagar, Delhi.
Vide the impugned judgement, appellants stand convicted for the offence punishable under Sections 325/34 IPC and vide order on sentence, the appellants were sentenced to undergo RI for 6 months with fine of Rs.20,000/- each, and in default of payment of fine to further undergo SI for 3 months. Benefit of Section 428 Cr.P.C. was given to the appellants.
2. The underlying facts leading to the registration of above FIR (Ex.PW- 2/A) noted by the Trial Court are as under: -
“The story of the prosecution, in brief, is that on 31.08.2016 at about 11:30 PM near Hanuman Mandir, Shiv Viha
A conviction under Section 34 IPC requires proof of common intention and participation, which were found lacking in this case, leading to acquittal.
(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 ....
The testimony of an injured witness is highly reliable, and common intention among co-accused can be inferred from their conduct during the commission of the crime.
circumstances which un-erringly comes to the conclusion that accused had common intention to cause death only then they must be convicted. We are convinced that the offence which is made out is not u....
(1) Common intention – To attract applicability of Section 34, IPC, prosecution is under an obligation to establish that there existed a common intention before a person can be vicariously convicted ....
The necessity of proving common intention under Section 34 IPC for a conviction, distinguishing it from common object under Section 149 IPC.
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