Subsequent Declaration Of Juvenility Does Not Vitiate Conviction On Merits: Supreme Court Borrowers Cannot Ignore Bank Accounting Systems And Suspense Accounts To Claim Arbitrary Reductions In Loan Dues: Supreme Court Re-employed Judicial Officers Cannot Claim 6th Pay Commission Scales: Supreme Court Supreme Court Slams High Court For Erroneously Exercising Review Jurisdiction On 'Mistaken Notion', Restores Employee's ACP Benefits Trademark Infringement: Defendant Can Cross-Examine Plaintiff On Use Of Brand Name Even If Written Statement Is Not On Record: Supreme Court 'Interest And Welfare Of Child Would Be Best Served': Supreme Court Invokes Parens Patriae In Contempt Plea; Revokes Own Custody Order Mere Absence From MCA Records Cannot Absolve Accused Under Section 138 NI Act If Prima Facie Role Is Shown: Punjab & Haryana High Court Incomplete Or Defective Real Estate Application Cannot Claim Deemed Registration Under Section 5(2) Of RERA Act: Orissa High Court Mere Criminal Antecedents Cannot Justify Invoking 'Organized Crime' Offence Under Section 111 BNS Without Fulfilling Statutory Ingredients: Madhya Pradesh High Court 'Testator's Character & Prior Gifts Justify Unequal Distribution': Madras High Court Upholds Holographic Will Minority Status Cannot Arrest Limitation Period For Appeal If Minor Was Represented By Natural Guardian In Original Proceedings: Madhya Pradesh High Court Mere Admission Of Property Boundaries In Family Partition Deeds Destroys Coparceners' Claim That Land Remains Joint Ancestral Property: Karnataka High Court Mesne Profits Must Reflect Open Market Letting Value Rather Than Static Contractual Rates: Delhi High Court Law Graduates Who Fail To Clear AIBE Within Two Years Cannot Practice In Any Court, Tribunal Or Revenue Authority: Allahabad High Court Bombay High Court Slams 'Growing Tendency' To Bypass GST Appeals, Says 'Natural Justice' Not A Blanket Excuse For Writ Petitions Proportionate Cost Only Can Be Awarded On Decreed Amount, Not On Total Plaint Valuation: Kerala High Court

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

07 May 2024 8:19 AM

By: Admin


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.

Latest Legal News