Supreme Court of India

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.
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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

  1. 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.

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Citation

Pandurang, Tukia and Bhillia v State of Hyderabad AIR 1955 SC 216; 1954 INSC 120

Reported: https://indiankanoon.org/doc/1179103/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.