Supreme Court · 2004 INSC 330 · Decided 30 April 2004
Anil Sharma and ORS. v. State of Jharkhand
- Court
- Supreme Court of India
- Citation
- 2004 INSC 330 · [2004] SUPP. 1 S.C.R. 907
- Case number
- CRIMINAL APPEAL No. 622/2003
- Decided
- 30 April 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34
Headnote
B Penal Code, 1860: Section 34-Common intention-In furtherance of-Joint liability - Held: Section 34 is only a rule of evidence and does not create a substantive C offence-Existence of common intention is an essential element for application of S. 34-S. 34 is applicable even if no injury had been on the part of the accused. Criminal Trial: D Witness-Fresh examination of-Held: It is not in every case where the witness wanted to be freshly examined that the Court should readily accede . to such a request-The Court should determine whether the witness had a fair opportunity to speak the
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