Harji Ram And Ors. vs State Of Rajasthan on 4 October, 1985
We have considered the above submission. Section 34 IPC requires common intention of the accused persons which has to be proved by the prosecution. Pre-arranged plan may be inferred from circumstances and conduct. Prior concert or prior plan of the accused has to be judged from the facts and circumstances of the case as direct evidence in respect thereof is difficult to come by. Only the acts of the parties will make out the intention and so, this factual aspect is to be inferred from the facts and circumstances. This Court in Harji Vs. State of Rajasthan, 1996 Cr.L.J. 3616 held that when the accused persons purchased some agricultural field but were stopped by the complainant party from carrying on agricultural operation on the ground that they were transferee from the Khatedar tenants of the field, on resistance being shown by the accused the complainants being few in number, tried to escape and some of them succeeded in doing so but accused continued the beating even after two members of complainant party had fallen down helplessly, it was held that they had a definite common intention to kill the victims.