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1 - 10 of 18 (0.60 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 324 in The Indian Penal Code, 1860 [Entire Act]
Section 141 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 326 in The Indian Penal Code, 1860 [Entire Act]
Dukhmochan Pandey & Ors., Shamsul Mian & ... vs State Of Bihar on 25 September, 1997
Not only that, but even in the
complaint there is a reference of altercation and
exchange of words on the said aspects and there
is also reference to the quarrel on the said
aspect. This shows that at least there could not
be common intention to kill but to express the
illfeeling. It, at the most, could be said as
to give assault by some of the accused. At this
stage, reference may be made to the decision of
Apex Court in the case of Dukhmochan Pandey and
Ors. v. State of Bihar, reported in AIR 1998 SC,
40 and more particularly the observations made by
the Apex Court on page 46, the relevant of which
reads as under:
"6. ... The existence of a common intention
between the participants in a crime is an
essential 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 prearranged plan which
in turn presupposes a prior meeting of
mind. But in a given case such common
intention which developed at the spur of the
Page 31 of 46
R/CR.A/258/2010 JUDGMENT
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."