To Attract Section 34 IPC: Conspiracy Or Premeditated Mind Not Necessary: Supreme Court

In a significant ruling, the Supreme Court of India, led by Justices Abhay S. Oka and Pankaj Mithal, upheld the conviction of Ram Naresh in the criminal appeal number 3577 of 2023. The appellant was convicted under Section 302 read with Section 34 of the Indian Penal Code (IPC) for the murder of Ram Kishore. The landmark judgment, delivered on December 1, 2023, brings into focus the legal principle of ‘common intention’ under Section 34 IPC.

The bench, while dismissing the appeal, emphasized the applicability of Section 34 IPC in cases where a criminal act is executed by multiple individuals with a shared intent. The Court observed, “To attract Section 34 IPC, it is not necessary that there must be a prior conspiracy or premeditated mind. The common intention can be formed even in the course of the incident i.e., during the occurrence of the crime.”

This observation is pivotal as it clarifies the scope of ‘common intention’ in criminal law, stating that pre-planning or conspiracy is not a prerequisite for its application. The Court’s interpretation aligns with the principle that common intention is a psychological fact and can emerge spontaneously during the commission of the crime.

In this case, the appellant Ram Naresh, along with other co-accused, was found to have collectively and intentionally committed the murder of Ram Kishore. The conviction was primarily based on the eyewitness testimony of Balram (PW-1), who consistently stated that the accused surrounded and assalted the deceased with lethal weapons, leading to his demise.

Date of Decision: 1st December 2023

RAM NARESH VS STATE OF U.P.