Sendhabhai Kalubhai Thakor vs State Of Gujarat on 22 September, 2021
22. Another judgment of this Court referred by
the learned counsel for the respondent in
Goudappa and Others(supra). It was a case where
the accused persons were armed with lethal
weapons assembled at one place and the moment
the deceased came out of the house to spit, one
of the accused started abusing him and the other
accused persons held the deceased and
facilitated the other accused to give the fatal
blow and made no effort to prevent him from
assaulting the deceased and their common
intention clearly emanates from the criminal act
in furtherance of the intention which in the
instant case may not be of any assistance. As
already observed, there cannot be a universal
rule in laying down the principles of existence
of common intention of prior meeting or meetings
with pre-arranged plan. It has to be proved
either from the conduct or circumstances of any
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R/CR.A/1009/2013 JUDGMENT DATED: 22/09/2021
incriminating facts which is missing in the
instant case.