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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJIV KUMAR
Gopi Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SANJIV KUMAR, J.
1. This Criminal Appeal, under Section 374(2) Code of Criminal Procedure, 1973 (in short Cr.P.C.), has been filed by the accused/appellants, to wit, Gopi Singh, Ganga Sahay, Kishan Prasad and Mihi Lal, against common judgment and order dated 01.02.1983 passed by Shri S.K. Agnihotri, IVth Additional Sessions Judge, Aligarh, in Sessions Trial No. 499 of 1981 State of U.P. Vs. Gopi Singh and 2 Others and Sessions Trial No. 83 of 1982 State of U.P. Vs. Mihi Lal, arising out of same Case Crime No.499 of 1982, Police Station- Barla, District- Aligarh.
2. By the impugned judgment and order appellant- Mihi Lal was sentenced to undergo three years’ rigorous imprisonment for offence punishable under Section 307 I.P.C.; Appellants Gopi Singh, Ganga Sahay and Kishan Prasad were sentenced to undergo rigorous imprisonment of three years for offence punishable under Section 307 IPC read with 34 IPC and they were further sentenced to undergo rigorous imprisonment for six months for offence punishable under Section 323 IPC; appellant Mihi Lal was also sentenced to undergo imprisonment of two years’ for offence punishable under Section 25 Arms Act and rigorous imprisonment f
Common intention under Section 34 IPC requires a pre-arranged plan; mere individual actions by co-accused do not suffice for joint liability in attempted murder.
(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 ....
(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 intention to cause death and the sufficiency of the acts to cause death in the ordinary course of nature are essential elements of the offense of attempt to murder under Section 307 of the IPC. C....
The liability under Section 34 of IPC, prima facie satisfaction of the court in support of the charge, and the frivility of prosecution are crucial legal principles established in the judgment.
The necessity of proving common intention under Section 34 IPC for a conviction, distinguishing it from common object under Section 149 IPC.
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....
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