Source: Supreme Court

Why in News?

Justice Abhay S. Oka and Pankaj Mithal have observed that common intention doesn't necessitate explicit discussions or agreements among the co-accused; it is a psychological aspect that can arise just before or during the commission of the offense.

• The Supreme Court gave this judgment in the case of Ram Naresh v. State of UP.

What is the Background of Ram Naresh v. State of UP Case?

• On October 18, 1982, Balram and his brother Ram Kishore were attacked and encountered Virender armed with an iron rod (Rambha), along with Rajaram, Jogendra, and Ram Naresh, who were wielding lathis and proceeded to attack Ram Kishore viciously with lathis and an iron rod which led to his death.
• On the First Information Report (FIR), a case was registered under Section 302/34 of the Indian Penal Code, 1860 (IPC), dealing with murder and common intention.
• The trial court found all four accused individuals guilty under Section 302 read with Section 34 IPC. The High Court affirmed the trial court's decision. The appellant approached the Supreme Court.
• Mere common intention alone might not trigger Section 34 IPC. The court dismissed the appeal.

What were the Court’s Observations?

• 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. Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence.
• Common intention is a psychological fact, and it can be formed a minute before the actual happening of the incidence or as stated earlier even during the occurrence of the incidence.

What are Sections 34 and 302 of the IPC?

• Section 34: Acts done by several persons in furtherance of common intention.
  • When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
• Section 302: Punishment for Murder.
  • Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.

What is the Landmark Judgment Cited in the Case?

• Jasdeep Singh alias Jassu v. the State of Punjab (2022):
  • Supreme Court held 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.