Shamsher Khan vs State (Nct Of Delhi) on 19 October, 2000
26. Thus, in order to attract Section 34 IPC, the
complaint in question must, prima facie, reflect a
common prior concert or planning amongst the
appellant and other accused. Having carefully gone
through the complaint, we are of the view that it does
Crl. Revision. No. 40/2024 Monujaffar Khan Vs. State of NCT of Delhi 5/14
not reveal any preconcert or preplanning whereby all
the accused had decided to misappropriate the said
amount. It is pertinent to note that MSEB, in whose
coffers the said amount was credited, has not been
arraigned as an accused in the complaint. Be that as it
may, having come to the conclusion that the
ingredients of Section 409 IPC are not satisfied against
the appellant, the question of his acting in concert with
others does not arise. We are therefore, convinced that
Section 34 IPC is not attracted against the appellant."