[IN THE COURT OF CRIMINAL APPEAL]

1959 Present: Basnayake, C.J. (President), Sansoni, J., and
H. N. G. Fernando, J.

THE QUEEN v. J. MAHATUN and another

APPEALS 108 AND 109 APPLICATIONS 138 AND 139
OF 1959

S. C. 28-M. C. Matugama, 30504

    Common intention-Meaning thereof- Vicarious criminal liability-" Criminal act "- Done by several persons "-Penal Code, ss. 31, 32, 33, 34, 35, 36, 113A,113B.

Under section 32 of the Penal Code, when a criminal sot is committed by one of several persons in furtherance of the common intention of all, each of them is liable for that sot in the same manner as if it were done by him alone. If each of several persons commits a different criminal sot each act being in furtherance of the common intention of all, each of them is liable for each such as if It were done by him alone.

To establish the existence of a common intention it is not essential to prove that the criminal sot was done in concert pursuant to a pre-arranged plan. A common intention can come into existence without pre-arrangement. It can be formed on the spur of the moment.

APPEALS, with applications, against two convictions in a trial bef