Supreme Court of India
Anil Sharma and Ors. v. State of Jharkhand
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From the headnote
Penal Code, 1860: Section 34-Common intention-In furtherance of-Joint liability - Held: Section 34 is only a rule of evidence and does not create a substantive offence-Existence of common intention is an essential element for application of S. 34-S. 34 is applicable even if no injury had been caused by a particular accused-For application ofS. 34 it is not necessary to show some overt act on the part of the accused. Criminal Trial: Witness-Fresh examination of-Held: It is not in every case where the witness wanted to be freshly examined that the Court should readily accede . to such a
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