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Kripal And Ors. vs State Of Uttar Pradesh on 25 February, 1954

"6. ........The existence of a common intention between the participants in a crime is an essential Cra. No. 628/2008 & Cra. No. 489/2012 12 element for attracting Section 34 of the Indian Penal Code and such intention could be formed previously or on the spot during the progress of the crime. Usually it implies a pre-arranged plan which in turn pre-supposes a prior meeting of mind. But in a given case such common intention which developed at the spur of the moment is different from a similar intention actuated a number of persons at the same time, and therefore, the said distinction must be borne in mind which would be relevant in deciding whether Section 34 of the Indian Penal Code can be applied to all those who might have made some over attack on the spur of the moment. (See Kripal Vs. State of U.P. reported in AIR 1954 SC 706, Pandurang Vs .
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