The King Emperor vs Barendra Kumar Ghose on 26 September, 1923
It appears to me that this solution cannot possibly have come within the intention or contemplation of the legislature and is not compelled by the language of Section 34. The language is compatible with the reasonable solution, namely, that both shots, the shot that took effect, and the shot that missed, are the joint acts of the two men. Bach man in the eye of the law does both acts. The result follows that they are severally but equally liable for the effect produced, in accordance with the principle, I again quote my brother Mookerjee, "that all who participate in the commission of a crime are severally responsible to the State, as though the crime has been committed by any one of them acting alone", Amrita Lal Bose v. Corporation of Calcutta (1917) 44 Cal. 1025. The fact that the attack is made by two men and not by one may well be an aggravation and not a palliation of the erime. The attack is cowardly so far as the criminals look to superiority in numbers for security and courage.