Explaining: "Common Intention and in furtherance of" ( Sec 34 of IPC)
Common
Intention
Sec
34 of IPC provides that when an act done by several
persons in furtherance of common intention of all, each of such persons is
liable for that act in the same manner as if it done by him alone.
Sec 34 of the IPC is invoked
in cases where it may be difficult to distinguish between the act of individual
members of a party or to prove as to what part was played by each of them.
In Mahboob Shah vs. Emperor, AIR 1945(PC)118
,the Privy Council stated that to invoke sec 34 successfully , it must be shown
that the criminal act complained against was done by one of accused persons in
the furtherance of the common intention of all and that if this is shown, then
liability for the crime may be imposed on any one of the persons in the same
manner as if the act were done by him alone.
The
term “in furtherance of” used in sec 34has been elucidated in Shankarlal
Kachrabhai vs State Of Gujrat, AIR 1965 SC 1260, WHERE THE Supreme Court
observed:
“The dictionary meaning of the word
“furtherance” is “advancement or promotion”. If four persons have a common
intention to kill A, they will have to do many acts in promotion or prosecution
of that design in order to fulfil it. “
Some illustration will clarify the
point.: The facts proved before a court are that A and C suddenly emerge
out of the darkness and gives axe blows to B, who dies as a result of those
injuries. It is further in evidence that A gave a blow to the arm of B, while C
gave blow to the abdomen of B. By virtue of Sec 34, the Court can hold both A
and B liable for the murder of B.
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