furtherance of the common intention, they
would not be liable for the said act or acts done
in furtherance of common intention, if they ... they had common
intention only to cause hurt is relevant. But
once it is established that the common intention
was to commit murder
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
same intention, namely
the intention to kill, and each can individually
inflict a separate fatal blow and yet none would
have the common intention required ... common intention was developed
between appellant and A-4 and in furtherance of such
shared common intention A-4 committed the murder of the
deceased
furtherance of the common intention, they would not be liable for the said act or acts done in furtherance of common intention, if they ... they had common intention only to cause hurt is relevant. But once it is established that the common intention was to commit murder, the question
murderous attack by the first accused against deceased flajan. If at all it has affected anything it is only regarding the murderous common intention. Further ... accompanying cannot infer common intention. Existence or otherwise of common intention depends upon facts and circumstances of each case. The intention of the principal offender
child resulting in his death. All the appellants shared
common intention to murder the boy. Hence, the appeals are liable to be
dismissed.
Summary ... accuseds shared common intention to murder and pursuant to such
common intention, murder had been committed.
As discussed earlier, I am of the view prosecution
Indian Penal
Code. The appellant was specifically charged with murder in
prosecution of the common intention. There was evidence to
show that ... about 7 p.m. and in
furtherance of the common intention did commit murder by
intentionally or knowingly causing the death of her brother
Gopal Sharma,
Hariom and Sonu @ Sunil in fulfilment
of their common intention committed
murder of Bharosilal by strangulation
and cutting by a chhuri (knife ... furtherance of the common intention not
necessarily intended by every one of the
participants, is not correct. The common
intention must be to commit
common intention
with the appellant is obviated. The appellant is the
principal perpetrator of the crime or one among the accused
who shared common intention ... common intention with the appellant is obviated. The
appellant is the principal perpetrator of the crime or one
among the accused that shared common intention
that Section 34 I.P.C. cannot
apply as no common intention has been proved. We cannot
accept this submission. Dr. B.S. Babbar ... therefore,
cannot be argued that the offence committed was not murder.
52
Common intention is a question of fact. It is
subjective
