Pandurang, Tukia and Bhillia v State of Hyderabad
AIR 1955 SC 216; 1954 INSC 12019551 min read
The case in brief30-second read
- Facts
- Three accused attacked and killed the deceased. Pandurang's role differed from the others, and all were convicted of murder with the aid of S.34 IPC.
- Issue
- Whether common intention to murder was proved against each accused.
- Held
- S.34 requires a prior concert and a pre-arranged plan; similar intention is not enough. The plan may form suddenly but must be proved directly or as a necessary inference. On the facts it was not proved against Pandurang, whose conviction was altered according to his own act.
- Principle
- Common intention needs a meeting of minds before the act; it is not inferred from mere presence or similar intention.
Facts
- Three accused attacked and killed the deceased. Pandurang's role differed from the others, and all were convicted of murder with the aid of S.34 IPC.
Issue
- Whether common intention to murder was proved against each accused.
Held
- S.34 requires a prior concert and a pre-arranged plan; similar intention is not enough. The plan may form suddenly but must be proved directly or as a necessary inference. On the facts it was not proved against Pandurang, whose conviction was altered according to his own act.
Cite this
Citation
Pandurang, Tukia and Bhillia v State of Hyderabad AIR 1955 SC 216; 1954 INSC 120Reported: https://indiankanoon.org/doc/1179103/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.