State vs Raja Ram Etc.(2) on 9 February, 2024
54.2 Deliberating over the application of section 34 IPC, Hon'ble
Supreme Court in case titled as Ram Tahal and Anr. Vs. State of U. P. 1972
AIR 254 held that there is no doubt that a common intention should be anterior
in time to the commission of the time showing a pre arranged plan and prior
concert. It is difficult in most cases to prove the intention of an individual and
it has to be inferred from the act or conduct or other relevant circumstances.
This inference can be gathered by the manner in which the accused arrived at
the spot and mounted the act, the determination and concert with which the
beating was given or the injuries caused by one or some of them. The acts done
by others by assisting those causing injuries, the concerted conduct subsequent
to the commission of offence would help in determining the common intention.
The totality of the circumstances must be taken into consideration in arriving at
the conclusion whether the accused had a common intention to commit an
offence with which they could be convicted.