Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]

Ashok Kini

13 Feb 2019 11:54 AM IST

The High Court though had the jurisdiction to alter the charge from Section 149 IPC to Section 34 IPC qua the three appellants, yet, in our view, in the absence of any evidence of common intention qua the three appellants so as to bring their case within the net of Section 34 IPC, their conviction under Section 302/34 IPC is not legally sustainable

The Supreme Court has observed that, while convicting accused by altering charge from Section 149 IPC to Section 34 IPC, their 'common intention' should be proved. Eleven accused were convicted by the Trial Court for committing murder of one lady. In the appeal filed by the accused, the High Court acquitted eight persons from all the charges whereas dismissed the appeal in respect...

Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]

Ashok Kini

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