Supreme Court · 1997 INSC 672 · Decided 25 September 1997
Dukhmochan Pandey and ORS. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1997 INSC 672 · [1997] SUPP. 4 S.C.R. 276
- Case number
- CRIMINAL APPEAL No. 197/1982
- Decided
- 25 September 1997
- Bench
- G.N. RAY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 325134, 147, 302, 149, 34, 148; CrPC; Constitution
Headnote
Criminal law : Indian Penal Code, 1860 : Sections 302134 and 325134-Applicability of-Common intention­ Stages at which, can be formed-Held, can be formed previously or on the spot during the progress of the crime-Common intention may develop at the spur of the moment in the course of at the latter stage is distinct from similar intention actuating several persons simultaneously-Existence of common intention in all the persons who made some overt act resulting in the death of some persons, is a question of fact which can be inferred from the circumstances. E Criminal Trial :
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