TMI Blog2003 (10) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... Satyanarayana (A-1) removed the stones at the boundary of the disputed land. Parasa Mohan Rao (PW-1) and his sons visited the place and chastised the accused and their father for their undesirable behavior. This led to further animosity. On 19.8.1997, the fateful day, three accused persons along with their father came to the house of PW1 and picked up quarrel. A-1 tried to hack PW1 with a knife. But he warded off the stroke with the stick. Parasa Ghaneswara Rao and Parasa Venkateswara Rao and O Gitchaiah protested and questioned the accused persons about their behavior. Accused persons left the place. Subsequently, at about 10.45 a.m. deceased was returning to his house. As he reached near a shopping complex, all the accused persons in furtherance of their common intention murdered the deceased. Parasa Raja Manikyala Rao-appellant No. 1 (A-2) caught his right hand and Parasa Raja Govind Rajulu-appellant No. 2 (A-3) caught his left hand. The deceased was practically immobilized. Taking advantage of this, Parasa Satyanarayana (A-1) gave various blows on the neck, back and the abdomen with the knife in a gruesome manner and even separated his head from the body. After doing so, A-1 ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame all the male members of the family. In any event, Section 34 has no application because it has not been established by evidence that there was any intention to commit murder. 5. In response, learned counsel for the respondent-State submitted that right from the beginning when the first information report was lodged, the definite roles played by present appellants was described, the overt acts and the instigations as well as exhortations done by them were clearly mentioned. The first information report was lodged immediately and, therefore, case of any false implication after deliberation as pleaded by the appellants does not arise. The evidence of eyewitnesses PWs 1 to 4 clearly established the accusations. Evidence of PW1 shows that after the first blow, these accused continued to restrain movement of the victim and that continued when blows were inflicted on different parts of his body. Names of all accused persons were also mentioned in the first information report. 6. At the outset, we think it proper to take note of what weighed with the Trial Court to direct acquittal of present appellants. In para 39 of the judgment it was noted as follows: 39. Though all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the manner it dealt with that of A-1, despite its very observation that the evidence was as cogent against them too as it was against A-1 lack a judicious approach and determination and therefore rightly interfered with by the High Court after an objective appreciation of the evidence independently and in the light of the relevant and guiding principles of law governing such determination. 10. The other point which was emphasized relates to applicability of Section 34 IPC. 11. The Section really means that if two of more persons intentionally do a common thing jointly, it is just the same as if each of them had done it individually. It is a well recognised canon of criminal jurisprudence that the Courts cannot distinguish between co-conspirators, nor can they inquire, even if it were possible as to the part taken by each in the crime. Where parties go with a common purpose to execute a common object each and every person becomes responsible for the act of each and every other in execution and furtherance of their common purpose; as the purpose is common, so must be the responsibility. All are guilty of the principal offence, not of abetment only. In combination of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that common intention pre-supposes prior concert. Care must be taken not to confuse same or similar intention with common intention; the partition which divides their bonds is often very thin, nevertheless the distinction is real and substantial, and if overlooked will result in miscarriage of justice. To constitute common intention, it is necessary that intention of each one of them be known to the rest of them and shared by them. Undoubtedly, it is a difficult thing to prove even the intention of an individual and, therefore, it is all the more difficult to show the common intention of a group of persons. But however difficult may be the task, the prosecution must lead evidence of facts, circumstances and conduct of the accused from which their common intention can be safely gathered. In Magsogdan and Ors. v. State of U.P. AIR 1988 SC 126 it was observed that prosecution must lead evidence from which the common intention of the accused can be safely gathered. In most cases it has to be inferred from the act, conduct or other relevant circumstances of the case in hand. The totality of the circumstances must be taken into consideration in arriving at a conclusion whether the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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