Section 34 IPC: Criminal Act by Several with Common Intention Holds Each Equally Liable: Supreme Court
The Supreme Court of India, in a significant ruling upheld the convictions of Maheshwari Yadav and another appellant in the 1997 Bihar assault case. The appellants were convicted under Sections 302 and 34, and Section 325 and 34 of the Indian Penal Code (IPC), involving a fatal assault in the State of Bihar.
The Bench, comprising Justices Abhay S. Oka and Pankaj Mithal, dismissed the criminal appeal (No. 1515 of 2011), affirming the life imprisonment for the offence under Section 302/34 IPC and a three-year rigorous imprisonment under Section 325/34 IPC. The Court observed, “The existence of common intention will have to be accepted,” underlining the principle of vicarious liability.
The Court emphasized the shared responsibility in the commission of the crime, stating, “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.”
The judgment highlighted the consistency and credibility of eyewitness accounts, particularly from PW1 to PW5, despite them being relatives of the deceased.
The Court rejected the argument of non-examination of two potential eyewitnesses, considering the strength and quality of the testimonies presented.
The incident dates back to March 10, 1997, when the appellants, along with the accused no.3 (Paro Yadav), were involved in a violent assault. The victim, Gholti Yadav, was fatally injured by a bullet fired from a musket by accused no.3, while the appellants assaulted two other individuals, PW4 and PW5.
The Court took note of the prosecution’s establishment of a motive linked to a prior altercation involving the accused no.3 and the deceased over a horse theft.
The Supreme Court directed the appellants to surrender before the Trial Court within one month to undergo the remaining sentence.
Date of Decision: 13th December 2023
MAHESHWARI YADAV & ANR. VS THE STATE OF BIHAR
