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TMI Blog1964 (9) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... who are Leva Patidars, came to the chowk where there is a pan shop cabin of Girdhar Shanker. These seven persons were, Rama Bhupta, Lakha Madha, Hira Punja, Jetha Nagar, Parshottam Prabhuva, Manor Madha and Gova Shiva. At the same time the 12 accused also came to that place. Accused 1 to 6 were each armed with a muzzle loading gun; accused 7, 8, 11 and 12 were armed with sticks; accused 9 and 10 were armed with dharias. Accused 1 to 4 fired their guns and Rama Bhupta fell down and died near the door of the cabin of Girdhar. Accused 5 and 6 fired their guns and Lakha Madha was injured. Accused 1 fired his gun again and Jetha Nagar received injuries. Accused 5 and 6 fired again and Hira Punja was injured. Accused 7 to 12 were inciting accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ujarat also filed a criminal revision for enhancing sentences passed against all the accused, but it did not file any appeal against the acquittal of accused 1 to 4 on the charge under s. 302 read with s. 149 of Indian penal code. The High court convicted accused 1 to 4 under s. 302, read with Sections 301 and 34, of the Indian Penal code and confirmed the sentence of life imprisonment passed on them, but set aside the fine imposed on them. So far as the other accused i.e., accused 5 to 12 are concerned, they were convicted under s. 302 read with Sections 301 and 34, of Indian penal code and also under s. 302, read with s. 149, of the said code. In the result, the High Court sentenced all the accused to imprisonment for life for the said of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which Madha used to dress himself and, therefore, the accused shot Rama under mistaken belief that he was Madha. Section 34 of the Indian Penal Code reads : 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. 6. Section 34 was subject of judicial scrutiny in innumerable cases. The expression in furtherance of the common intention of all was not in the original section, but was inserted in the section by s. 1 of Act XXVII of 1870. The judicial committee in Barendra Kumar Ghosh v. Emperor (1924) I.L.R. 52 Cal. 197 : L.R. 52 IndAp 40 defined the expression criminal act in the said section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had done it himself. The question is what is the meaning of the expression in furtherance of the common intention . The Dictionary meaning of the word furtherance is advancement or promotion . If four persons have a common intention to kill A, they will have to many acts in promotion or prosecution of that design in order to fulfill it. Some illustrations will clarify the point. Four persons intend to kill A, who is expected to be found in a house. All of them participate in different ways. One of them attempts to enter the house, but is stopped by the sentry and he shoots the sentry. Though the common intention was to kill A, the shooting of the sentry is in furtherance of the said common intention. So s. 34 applies. Take another illus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion was to kill A and if one of the accused kills B to wreak out his private vengeance, it cannot possibly be in furtherance of the common intention for which others can be constructively made liable. But, on the other hand if he kills B bona fide believing that he is A, we do not se any incongruity in holding that the killing of B is in furtherance of the common intention. We, therefore, hold that without the aid of s. 301 of the Indian penal code, it can be held that when accused 1 to 4 shot at Rama they shot at him in furtherance of their common intention to kill Madha. 9. Now let us see the impact of s. 301 of the Indian Penal Code on s. 34 thereof. Section 301 reads : If a person, by doing anything which he intends or knows ..... X X X X Extracts X X X X X X X X Extracts X X X X
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