NDLI: Jasdeep Singh @ Jassu Vs. State of Punjab

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860 – s. 304 part I and s.34
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Penal Code, 1860 – s. 304 part I and s.34 – Allegation that victim-deceased was shot dead by the accused persons (A1 to A4) during the night time – A3 and A4 (appellants) were present at the scene of occurrence and made a statement saying “what are you seeing now”, thereafter, A1 took out a gun from his pocket and shot the deceased – In complaint, father of the deceased (Complainant/ PW6) did not make any statement that A3 and A4 exhorted A1 to shoot – However, in his additional statement u/s. 161 Cr.P.C. he improved his statement stating that A3 and A4 instigated A1 to fire – Trial Court convicted all the accused persons u/s 304 part I of IPC by holding that the there was no premeditation and the occurrence took place in pursuance to sudden fight – The High Court concurred with the view of the trial Court – Before the Supreme Court, A1 and A2 did not filed their appeals – Only, A3 and A4 filed appeals – Held: Though the evidence of PW6 was not rejected, both Courts found exaggeration on his part – On many occasions PW6 made a concerted effort to improve the case of prosecution – As far as statement made by A3 and A4 is concerned, if A3 and A4 had made such a statement, they should have addressed A2 instead of A1 because A2 was already having a gun and A1 was stated to have taken his gun out only on the statement made by A3 and A4 – There is no evidence at all on record to hold that A3 and A4 were aware of the fact that A1 was having a gun with him – Common intention can be formed at the time of the occurrence, however, the evidence available is not sufficient enough to hold that s.34 IPC is attracted as against A3 and A4 – Prosecution has not proved its case beyond reasonable doubt as against A3 and A4 taking umbrage u/s.34 IPC – Therefore, judgment of the High Court confirming judgment of the trial Court set aside Penal Code, 1860 – s. 34 – Intendment of – The intendment of Section 34 IPC is to remove the difficulties in distinguishing the acts of individual members of a party, acting in furtherance of a common intention – There has to be a simultaneous conscious mind of the persons participating in the criminal action of bringing about a particular result - A common intention qua its existence is a question of fact and also requires an act “in furtherance of the said intention” – One need not search for a concrete evidence, as it is for the court to come to a conclusion on a cumulative assessment – It is only a rule of evidence and thus does not create any substantive offense.
Judge	Hon'ble Mr. Justice M.M. Sundresh
Neutral Citation	2022 INSC 23
Petitioner	Jasdeep Singh @ Jassu
Respondent	State Of Punjab
SCR	[2022] 2 S.C.R. 647
Judgement Date	2022-01-07
Case Number	1584

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