Since the notice was confined to the applicability of Section 34 of the IPC, with the consent of the parties, we consider it appropriate to deal with the above aspect only in this appeal. Upon seeing the said four persons, he and his brother Ram Kishore shouted for help but before any help could arrive, the above four persons gheraoed Ram Kishore and gave brutal blows to him from lathis and iron rod.
Therefore, where participation of the accused in a crime is proved and the common intention is also established, Section 34 IPC would come into play.
Thus, according to the findings of the trial court all the four accused persons had come to the place of occurrence together armed with weapons, assaulted the deceased Ram Kishore simultaneously and left the place together.
The High Court while dealing with the submission that there was no material available on record to establish common intention on part of the appellant-Ram Naresh and hence the appellant is not liable to be convicted with the aid of Section 34 IPC held that the argument has no substance inasmuch as the accused persons had come on the spot collectively and gave serious vital blows to the deceased wit+h causing his death.
Section 34 or the principle of common intention is invoked to implicate and fasten joint liability on other co-participants.” A plain reading of the above paragraph reveals that for applying Section 34 IPC there should be a common intention of all the co- accused persons which means community of purpose and common design.
State of Punjab to the effect that a mere common intention per se may not attract Section 34 IPC unless the present accused has done some act in furtherance thereof is of no assistance to the appellant as it is writ large on record as per the evidence that the appellant not only had common intention to kill the deceased Ram Kishore but also actively participated in assaulting and giving blows to the deceased Ram Kishore together with the other accused persons. Accordingly, appeal sans merit and is dismissed.
Case Title: RAM NARESH Vs. THE STATE OF U.P.
Case Number: Crl.A. No.-003577-003577 / 2023
