Law: Penal Code (XLV of 1860)

Section: S. 302/34

  Eye-witnesses-Interested persons - Testimony requires independent corroboration re : participation of each ;accused in crime.   Penal Code (XLY of 1860), S. 302/34-Common intention-- Can be formed on spur of moment and can be incorrect from surround ing circumstances-Person killed by one of the shots fired by gunmen simultaneously-Each of them guilty under S. 302/34-Mere pre sence of person at time of commission of offence-Not sufficient to prove common intention..   Common intention can be formed on the spur of the moment and can be inferred from the surrounding circumstances. If three gunmen fire shots simultaneously at the deceased and one of the shots prove fatal, they will all be held guilty under section 302/34 of the Penal Code, 1860, even if there be no evidence of a pre -planned conspiracy to murder the victim. Mere presence, however, of a person at the time ,of the commission of an offence by his confederates is in itself not sufficient to bring his case within section 34 of the Code unless community of design is proved against him. In order to convict a particular accused construc tively, under section 3-1 of an offence it is not necessary to find that he actually struck the blow, or any blow, but there must be clear evidence of some action or conduct on his part to snow that he shared in the common intention of committing murder.   Basharat v. Emperor A I R 1934 Lah. 813 and Abdul Qadir and others v.. Emperor A I R 1946 Cal. 452 rel.   Penal Code (XLV of 1860), S. 34-Common object proved-- Mere fact that fight was a sudden one does not make section inapplicable.   It is wrong to say that section 34 of the Penal Code, 1860 does not apply in the case of a sudden fight or chance encounter. If there is proof that some of the persons taking part in the fight which had suddenly arisen committed an act indicating that their object was to commit that offence there is no bar to holding that they shared the common intention there and then. JUDGMENT   ABDUL Aziz KHAN, J.-(I) Muhammad Akbar, (2) Ikram Ullah, and (3) Hamid Ali, who are brothers, (4) their cousin Muhammad Akram, and their cousin's son (5) Muhammad Amir and…