https://www.taxtmi.com/caselaws?id=302940 Section 429 of the Code of Criminal Procedure, 1898 contemplates reference of the entire appeal to a third Judge when appellate Judges are equally divided, and the third Judge may hear the matter as he considers fit and decide the whole case. On the merits, common intention under Section 34 of the Indian Penal Code, 1860 was found where the assault was pre-arranged, concerted, and executed in furtherance of a shared design. A mistake as to the victim's identity did not defeat shared liability because the accused acted together and one participant restrained a companion who might have intervened. The conviction for murder under Section 302 read with Section 34 was upheld. en-us Fri, 13 Mar 1970 00:00:00 +0530 Fri, 24 Jun 2022 13:24:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302940 Section 429 of the Code of Criminal Procedure, 1898 contemplates reference of the entire appeal to a third Judge when appellate Judges are equally divided, and the third Judge may hear the matter as he considers fit and decide the whole case. On the merits, common intention under Section 34 of the Indian Penal Code, 1860 was found where the assault was pre-arranged, concerted, and executed in furtherance of a shared design. A mistake as to the victim's identity did not defeat shared liability because the accused acted together and one participant restrained a companion who might have intervened. The conviction for murder under Section 302 read with Section 34 was upheld. Case-Laws Indian Laws Fri, 13 Mar 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302940