Common intention under IPC Section 34 sustains joint liability for a coordinated assault, with no material misdirection in summing-up.

Section 34 of the Indian Penal Code was construed as imposing joint liability where several persons act in furtherance of a common intention, so each is answerable for the whole offence even if not every participant performs the identical fatal act. Read with sections 33, 37 and 38, the Code was treated as recognising liability for coordinated acts producing one offence. On the proved facts, the accused's presence and participation in the assault supported conviction, and the trial judge's summing-up was found to have dealt adequately with the material facts without material misdirection. The distinction between murder, attempt and abetment did not defeat liability on those facts, and the conviction was maintained.

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Issues: Whether, on the facts proved, the accused was liable for murder under section 34 of the Indian Penal Code on the basis of participation in a common criminal design, and whether the trial court's summing-up contained any material misdirection.

Analysis: Section 34 was construed as covering a criminal act done by several persons in furtherance of a common intention, so that each is liable for the whole result as if done by him alone. The provision was not confined to cases where each participant independently performs the identical fatal act. Reading sections 33, 37 and 38 together confirmed that the Code contemplates liability for coordinated acts producing one offence. The evidence supported the finding that the accused was present and participating in the assault, and the charge to the jury sufficiently dealt with the material facts. The supposed distinction between murder, attempt and abetment did not displace liability under section 34 on the proved facts.

Conclusion: The construction of section 34 adopted by the High Court was upheld, the summing-up was held not to be erroneous, and the conviction was maintained.

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