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PETITIONER: PANDURANG, TUKIA AND BHILLIA
Vs.
RESPONDENT: THE STATE OF HYDERABAD.
DATE OF JUDGMENT: 03/12/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MUKHERJEA, B.K. DAS, SUDHI RANJAN
CITATION: 1955 AIR 216 1955 SCR (1)1083
ACT: Indian Penal Code (Act XLV of 1860), s. 34-Prior concert- Common intention-Same or similar intention-Distinction between.
HEADNOTE: It is well-settled that common intention in s. 34 of tile Indian Penal Code presupposes prior concert. It requires a prearranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have boon done in furtherance of the common intention of them all. Accordingly there must have been a prior meeting of minds. Several persons can simultaneously attack a man and each can have the same intention, namely the intention to kill, and each can individually inflict a separate fatal blow and yet none would have the common intention required by the section because there was no prior meeting of minds to form a pre-arranged plan. In a case like that, each would be individually liable for whatever injury he caused but none could be vicariously convicted for the act of any of the others; and if the prosecution cannot prove that his separate blow was a fatal one he cannot be convicted of the murder however clearly an intention to kill could be proved in his...