Author : Neha Singh
Citation: AIR 1927 Cal 324
Bench: Justice Walmsley, Justice Mookherjee
In this case the application of section 34 of IPC was implied with second part of the section 304 of IPC. The jury carried out the decision by the point of the accused of being guilty of committing culpable homicide by doing an act with knowledge of that it would cause death. The court interpreted the situation as without any intention to cause death but in furtherance of common intention regarding the application section 34.
This is an appeal against the order of session judge of 7 years of imprisonment to the appellant. In a land dispute between 2 brothers and the land was mortgaged to the appellant but then one of the brothers wanted to redeem the mortgage to tender money from appellant. Disputed arising for the payment of money led to the appellant desiring for forceful acquisition of cultivated crops on the land with his 2 other cousins but to prevent them from doing so there occurred a physical fight steering to stabbing one of person involved Mahammad (deceased) to which the appellant argues that there was no common intention hence application of section 34 is invalid.
- Whether the appellant can be convicted under second part of Section 304 with application to section 34 of the IPC?
The court dismissed the appeal and with an order of serving the rest of the sentence.