common intention developing at the spot.
40. My main endeavour in the above discussion has been to show that no common intention to murder Arunachalam ... there was a common intention to cause grievous hurt to Arunachalam we must logically postulate that there Was a common intention to cause grievous hurt
well. He, therefore, contended that the appellants had no common intention to commit murder of Mohammad Shafi and as such they could not be convicted ... appellants did not have prior intention to commit murder, this common intention to commit his murder developed at the spot. This was the necessary inference
entire record held that all the three accused shared a common intention
to murder Gurmail Singh. The trial Court held that statements of PW3
Nachhatar ... namely,
Chamkaur Singh @ Cheena and Binder Singh did not share common
intention of causing murder of Gurmail Singh and both these persons also
2010 & 487/2012 Page 11 of 66
your common intention and object committed murder of
Md. Rashid Khan and thereby committed an offence
punishable ... failed to
prove that the accused persons had the common intention of murdering
and causing death of Mohd. Rashid Khan. It is further specifically
submitted
facts and circumstances of the case, a common intention to murder the deceased could not be established and the learned Sessions Judge was therefore justified ... with such common intention they had inflicted knife injuries on the person of the deceased. In the absence of common intention to murder being established
right in finding that the appellants acted in furtherance of
common intention in committing murder of Ramesh and whether the High Court
was right ... facts and circumstances do not indicate that there
was common intention to commit murder of Ramesh. On 18.05.1997 in the
forenoon, there were settlement talks
Sections 34 , 148 , 149 , 302 , 324 and 326-Murder- and causing
grievous injury-Common intention-Proof of--Conviction
altered ... undoubtedly go
to show that all of them shared the common intention to
murder Shyamdeo Singh. They are, therefore, liable to be
convicted with
holding that appellant Nos. 2 and 3 shared the common intention to commit murder of Gunjarya with appellant No. 1.
5. The three circumstances relied ... suggest that three had some common intention. The question is whether they had the common intention to commit murder of Gunjarya. If the three shared
Mohd Amil & Another vs State on 9 August, 2010
Author: V.K. Jain
Bench
Rahisuddin & Others vs State on 20 September, 2013
Author: G.S. Sistani
Bench: G
