Supreme Court · 1988 INSC 53 · Decided 24 February 1988
Hare Krishna Singh & ORS. ETC. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1988 INSC 53 · [1988] 3 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 690/1982
- Decided
- 24 February 1988
- Bench
- M.M. DUTT, K. JAGANNATHA SHETTY (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34
Headnote
A B Sections 34, 96, 100, 302 and 379---Common intention is not by itself an offence-It creates a joint and constructive liability for the crime committed in furtherance of such common intention-Guilt of accused-Burden of proof is on prosecution-Not necessary for pro- C secution to explain how and ·Act, 1872: Section 9-Test Identification parade-Failure to identify accused by P. W. effect of on case of prosecution. D The prosecution case as appearing from the Fardbeyan or the FIR lodged by P.W. 3, a social worker was that on 12.12.1987 at about 7.00 A.M. he was going to his
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