Sudip Kr. Sen @ Biltu Vs. State of West Bengal & Ors.
Indian Penal Code,1860 - Section 34
Common Intention - Joint Liability - Section 34 IPC embodies the principle of joint liability in the doing of a criminal act and essence of that liability is the existence of common intention - Common intention implies acting in concert and existence of a pre-arranged plan which is to be proved/inferred either from the conduct of the accused persons or from attendant circumstances.
Common Intention - Joint Liability - To invoke Section 34 IPC, it must be established that the criminal act was done by more than one person in furtherance of common intention of all - It must be proved that:- (i) there was common intention on the part of several persons to commit a particular crime and (ii) the crime was actually committed by them in furtherance of that common intention - Common intention implies pre-arranged plan - Under Section 34 IPC, a pre-concert in the sense of a distinct previous plan is not necessary to be proved - Essence of liability under Section 34 IPC is conscious mind of persons participating in the criminal action to bring about a particular result.
Indian Penal Code,1860 - Section 302 , Section 34 , The Indian Evidence Act, 1872 - Section 134
Sole Witness - Testimony of - Court may act on a testimony of a single witness though uncorroborated, provided that the testimony of single witness is found reliable - Trial court which had the opportunity of seeing and hearing PW-6 found him wholly reliable and trustworthy and held that his evidence cannot be doubted as far as the role attributed to A-1 to A-6 except 'J' is concerned, which was affirmed by the High Court - No ground to interfere with the concurrent finding recorded by the Courts below as to the reliability of PW-6 and to record the conviction.
Indian Penal Code,1860 - Section 302 , Section 34
Common Intention - Joint liability - Evidence of PW-6, that all the appellants and another co-accused were doing illegal business of extorting money from the flat owners - On the date of occurrence, all the appellants and another co-accused came together and 'S' A-3 started abusing the deceased and 'A'-A- 6 exhorted others that if the men of 'K' were not killed, there would be no peace - On such exhortation, 'T' and 'S', A-2 and A-4 caught hold of the deceased and A-1 and A-5 fired at the deceased - Held that facts and circumstances clearly establish meeting of minds and common intention of the appellants in committing the murder of 'S' and the appellants were rightly convicted under Section 302 read with Section 34 IPC.
Topic(s)-Murder - Common Intention - Joint Liability - Conviction