Supreme Court · 2008 INSC 1371 · Decided 1 December 2008
Chaman & ANR. v. State of Uttaranchal
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1371 · [2008] 16 S.C.R. 882
- Case number
- CRIMINAL APPEAL No. 409/2007
- Decided
- 1 December 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 323
Headnote
Penal Code, 1860 - s. 34 - Common intention :--- c Applicability of - Held: s. 34 is enacted on the principle of joint liability in the doing of a criminal act - Existence of a common intention amongst the participants in a crime is - It is applicable even if no injury has been caused by the particular accused himself - Some overt act D on the part of accused is not necessary- On facts and in view of the legal position, s. 34 applicable and offence made out in respect of accused persons - Thus, conviction u/s. 302 rlw s. 34
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