Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: Section 34-Common intention Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:Section 34-Common intention-In furtherance of-Joint liability - Held: Section 34 is only a rule of evidence and does not create a substantive offence-Existence of common intention is an essential element for application of S. 34--S.34 is applicable even if no injury had been caused by a particular accused-For application of S. 34 it is not necessary to show some overt act on the part of the accused.Criminal Trial: Witness-Fresh examination of-Held: It is not in every case where the witness wanted to be freshly examined that the Court should readily accede to such a request-The Court should determine whether the witness had a fair opportunity to speak the truth earlier and in an appropriate case allow fresh examination of the witness- However, such a power should not be exercised in a routine or cavalier manner. Words and Phrases: "Common intention"-Meaning of-In the context of S. 34 of the Penal Code, 1860. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 330 |
Petitioner | Anil Sharma And Ors. |
Respondent | State Of Jharkhand |
SCR | [2004] Supp. (1) S.C.R. 907 |
Judgement Date | 2004-04-30 |
Case Number | 622-624 |
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