Analysis of Common Intention in Assault Case

Explore the intricacies of the court’s legal analysis in a recent case involving a complex assault scenario. The court’s examination of the concept of common intention and the application of legal principles in determining guilt is crucial in understanding the nuances of criminal law. Dive into the details of the case to uncover the rationale behind the court’s decision.


  • Appellants were convicted under Section 302/34 of the Indian Penal Code by the Sessions Judge
  • The High Court affirmed the conviction, sentencing them to life imprisonment along with fine
  • The appellants filed the present appeal against the decision
  • G.D. Entry made at North Lakhimpur Police Station based on information by Gaonburah regarding assault on two individuals, resulting in one death and one injured
  • Injuries found during post mortem examinations included sharp cuts in various parts of the body causing extensive hemorrhage and detachment of body parts
  • Accused individuals were charged under Sections 147, 341, and 302 IPC, with some being acquitted due to lack of evidence or benefit of doubt
  • Witness testimonies regarding the assault had inconsistencies, casting doubt on the identification and common intention of the accused
  • Allegations of assault on two deceased individuals while returning from the market on bicycles raised by the prosecution

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  • Learned counsel for the State argues that eye witnesses are consistent about the participation of the appellants in the assault.
  • State prosecutor asserts that the acquittal of co-accused on benefit of doubt does not apply to the appellants due to the nature of evidence against them.
  • Defense counsel contends that if some accused were acquitted on the same evidence, the appellants should also be acquitted on benefit of doubt.

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  • Identification of the parties was possible even in the dusk due to their prior acquaintance.
  • Appellant nos. 2 & 3 were not granted acquittal based on the presence and assault on the deceased.
  • Common intention is inferred from the actions of individuals working together towards a shared goal.
  • Conviction based on common intention does not require direct evidence, but can be inferred from the facts and circumstances.
  • Presence of mental intention to commit an act is sufficient for conviction, regardless of actual participation.
  • Minor inconsistencies in eye witness accounts were considered inconsequential.
  • P.W. 1 was not an eye witness to the occurrence.
  • Abdul Motin was injured in the first assault by appellant no.3.
  • Non-examination of certain witnesses was deemed irrelevant based on Investigating Officer’s testimony.
  • Consistency in the evidence provided by the witnesses held strong despite the acquittal of other accused.
  • Conviction of appellants under Section 302/34 IPC was justified based on established common intention.
  • Identification was possible due to sufficient light at the time of the occurrence.
  • The witnesses’ consistent accounts added credibility to their testimonies.
  • Section 34 does not require the physical presence of all participants at the actual commission of the crime, as long as there is a consensus of minds to bring about a particular result
  • Physical presence is essential in cases involving physical violence under Section 34
  • Presence of individuals facilitating the execution of the common design is considered participation in the criminal act
  • Consensus of minds among participants can develop on the spot
  • Facts and evidence for charges under Section 149 and Section 34 may often overlap, and a substitution can be made without prejudice if the evidence remains the same
  • Common intention can be inferred from the actions and roles played by different individuals involved in the criminal action
  • Different confederates in a criminal action may have varied roles, but all must participate in the common enterprise
  • Shared common intention to commit an offense can be demonstrated through individual acts in furtherance of the common goal
  • Appellant no. 1 was part of a group that chased and assaulted the victim.
  • The accused dragged the victim to where another person lay motionless, indicating common intention.
  • Evidence points to the existence of common intention in appellant no. 1 to commit the offense.
  • Appellant no. 1 cannot deny common intention by claiming no direct assault was attributed to him.

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  • The appeal has been dismissed.
  • No reason was found to interfere with the conviction and sentence of the appellants.


Case Number: Crl.A. No.-001401-001401 / 2012

Click here to read/download original judgement

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