MANISH CHOUDHURY, ROBIN PHUKAN
Parbina Begum – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Manish Choudhury, J.
1. The instant criminal appeal from jail under Section 374[2], Code of Criminal Procedure, 1973 ['CrPC', for short] is directed against a Judgment and Order dated 27.10.2017 passed by the learned Additional Sessions Judge no. 1, Nagaon, Assam ['the trial court', for short] in Sessions [T1] Case No. 361[N]/2012. It needs mention that two accused persons including the present accused-appellant, stood the trial in Sessions [T1] Case no. 361[N]/2012 for a charge under Section 302, Indian Penal Code ['IPC', for short] read with Section 34, IPC. By the Judgment dated 27.10.2017, both the accused persons including the present accused-appellant, had been convicted under Section 302, IPC read with Section 34, IPC. By separate Orders on sentence dated 30.10.2017, each of two accused persons had been sentenced to undergo rigorous imprisonment for life each and to pay a fine of Rs. 10,000/- each, in default of payment of fine, to undergo rigorous imprisonment for 6 [six] months each.
2. We have heard Mr. I.A. Hazarika, learned Amicus Curiae for the accused- appellant; and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. M. Chakra
Suspicion alone cannot establish guilt; direct evidence is required to prove participation in a crime, especially under Section 34 IPC.
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.
Court determined the threshold for proving intent in murder cases, emphasizing the necessity of establishing clear circumstantial evidence and distinguishing between murder and culpable homicide.
Section 34 of IPC does not constitute an offence by itself, but creates a constructive liability – Foundational facts will have to be proved by prosecution – Not only occurrence, but common intention....
The appellants were convicted for culpable homicide not amounting to murder, as the assault occurred without premeditation during a sudden quarrel, with shared common intention.
(1) Every individual member of entire group charged with aid of Section 34, IPC must be a participant in joint act which is result of their combined activity.(2) If no overt act is done by a person, ....
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.
Convictions can be based on a sole eyewitness's testimony if credible; however, significant contradictions can undermine the prosecution's case, particularly regarding common intention under Section ....
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....
The court clarified that mere presence at the crime scene does not imply guilt under Section 34 IPC without evidence of shared common intention or participation in the crime.
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