Supreme Court · 2008 INSC 755 · Decided 13 June 2008
Hemchand Jha v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2008 INSC 755 · [2008] 9 S.C.R. 1171
- Case number
- CRIMINAL APPEAL No. 7/2002
- Decided
- 13 June 2008
- Bench
- ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34
Headnote
Penal Code, 1860 - s. 34 - Common intention - Appli- cability of - Requirement for - Held: s. 34 is applicable even if no injury has been caused by the particular accused him- c self - Some overt act on the part of accused not necessary - In the instant case, plea of accused that no definite role and killed the de- ceased, thus, s. 34 not applicable, not tenable- On facts, s.34 ,.. clearly applicable - Thus, conviction of accused u/s. 302 rlw D s.34 by courts below justified. According to the prosecution case, on the fateful day, appellant-accused and co-accused along with one other came
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