Common intention
Joint Liability
Vicarious
Liability
Common
intention can be developed at the spur of the moment, but a common object cannot be so developed. Lesser
the number of people gathered together, the greater would be chances of
developing common intention in the shortest and quickest possible time while
the minds of five or more five persons could their having made preparation
and thought out the whole plan.
Common the intention has to be gathered from the facts disclosed in evidence and surrounding circumstances which can even be found at the super of the moment. When the accused are found to have common intentions in the crime, then it becomes immaterial as to which role was played by whom in the occurrence.
Common
intention or knowledge is to be ascertained from the nature of injuries inflicted
and medical evidence.
Words and
knowledge, import, and significance are explained and illustrated.
Common the intention is a question of fact that can be ascertained on the basis of the
acts and the conduct of the accused, the ferocity of the attack, the weapons
used, the number and seat of rupees, the number of bellows coupled with the
elements of prior common intention.
Joint
Liability
Principle of
joint liability laid down by S.34, PPC is dependent on the existence of common
intention energizing the accused to commit a criminal act in furtherance of
such intention but an accused not aware of the intention of his companions to
commit murder thought sharing an intention to commit another offense in their the company, cannot be saddled with the liability of murder.
Vicarious liability
Common the intention of an accused person for committing a murder is a question of fact
which can be ascertained on the basis of acts and conduct of the accused, the ferocity of the attack, the weapon used, the number of blows coupled with the
element of pre-concert of mind.
In absence
of clear proof of conspiracy or pre-mediation, common intention or object to
killing the deceased by forming unlawful assembly cannot be assumed, therefore,
every one of the accused persons was responsible for his own act.
The intention is
not pre-planned or pre-mediated, but the same cannot be excluded when the assailant
carried firearm and actually used it.
VOLUNTARILY
A person is
said to cause an effect “voluntarily” when he causes it by means whereby he
intended to cause it, or by means which, at the time of employing those means,
he knew or had reason to believe to be likely to cause it.
The word ‘voluntarily’
connotes doing an act of one’s own privilege. If a person knows the probable consequence of the means being used by him, he cannot escape the resultant
cause or damages which may not be intended by him.