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Head Note

Indian Penal Code,1860  - Section 302 , Section 34

Murder - Appeal against conviction - Common intention - Kabir was armed with pharsa and Naim was armed with a lathi - All three accused had entered the house of the deceased and the complainant at midnight in the company of Sabbir who was also armed with a sharp cutting weapon - When three persons separately armed with weapons storm into the house of the victim in the dead of the night, merely because only one out of them uses the weapon and gives the fatal blow, would not absolve the others - The others may not be required to use their weapons but that by itself does not change the role of such other accused to that of a mere bye-stander - The circumstances can show that the others shared the same intention - In the instant case the common intention to bring about a definite result is evident from the circumstances on record - Additionally, the role of exhortation is also ascribed to the present appellants - Section 34 IPC is definitely attracted - High Court was completely justified in setting aside the order of acquittal as regards Kabir and Naim which was perverse and unwarranted.

Topic(s)-Murder - Common intention - Conviction