HEMCHAND JHA versus STATE OF BIHAR

HEMCHAND JHA versus STATE OF BIHAR

Section 34 IPC applies when a criminal act is committed by several persons in furtherance of common intention, even if no specific overt act is attributed to one accused; conviction for murder under Section 302 read with Section 34 IPC is justified.

Parties
Appellant: Hemchand Jha; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
13 June 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Common Intention, Section 34 IPC, Murder, Section 302 IPC
Criminal Law Common Intention Section 34 IPC Murder Section 302 IPC

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Parties

Hemchand Jha

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Applicability of Section 34 IPC when specific overt act by accused is absent
  2. 2 Joint liability for murder under Section 302 read with Section 34 IPC

Ratio Decidendi

Section 34 IPC applies when a criminal act is committed by several persons in furtherance of common intention, even if no specific overt act is attributed to one accused; conviction for murder under Section 302 read with Section 34 IPC is justified.

Court Disposition

Appeal dismissed

Orders

  • Appellant Hemchand Jha rightly convicted for offence punishable under Section 302 read with Section 34 IPC
  • Appeal is without merit and is dismissed