Bhagwan Tukaram Dange V. State of Maharasthra || 2014 AIR SCW 1749 || Common Intention

 Bhagwan Tukaram Dange V. State of Maharasthra 

2014 AIR SCW 1749 

[Common Intention under Criminal Law] 

CASE SUMMARY

Facts 

The accused, a father and a son came home drunk of their own volition. Upon their arrival at their home, they started abusing and threatening the wife of the son and daughter-in-law of the father for money to be brought from her home. Later, one of the accused poured kerosene over the victim, and another one set her on fire by lighting a matchstick, causing the death of the accused. 

Issue 

Is the act done by the two accused in furtherance of a common intent? 

What is Sec. 3 (5) of the Bhartiya Nyaya Sanhita says? 

When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. 

This provision defines the common intention which itself is not a criminal act but is an explanation to understand when two or more persons would be held liable for an offence in furtherance of a common intent.  

Judgement 

Supreme court held that the actions of both the accused were in furtherance of the common intention of killing the accused therefore, the accused were found guilty under sec. 302 of the IPC and imprisoned for life. 

 Check Out another case brief on Common Intention : Barendra Kumar Ghoshe V. King Emperor