There is distinction between common intention and same intention. In order to attract the provisions of Sec. 34 it is not sufficient to prove that the participants in doing the criminal act had the same intention. The prosecution must prove that each of the wrong- doers must have shared the intention of the other.
The phrase “in furtherance of the common intention of all of Sec. 34 shows that the criminal act complained against was done by one or all the accused persons in furtherance of the common intention of all of them.
Each person is liable for the result as if he had done it himself. Whereas in similar intention or same intention, the criminal act is not carried out in furtherance of a pre-arranged plan by the accused persons.
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ADVERTISEMENTS:
Common Intention:
1. Sec. 34 imposes the criminal liability in doing a criminal act with the common intention.
2. Common intention requires pre-arranged plan.
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3. A, B, C went to kill X. They planned to attack X while he was returning from a meeting in a dark night. All of them attacked and killed X. Each of A, B, C is liable under Sec. 302 read with 34.
4. There is a “prior meeting of minds” before the act committed.
5. The persons who actually participated in committing a criminal act and the persons who facilitated to commit such act are equally liable under common intention that is under Sec. 34.
Same Intention or Similar Intention:
ADVERTISEMENTS:
1. Sec. 34 is not concerned with the same.
2. Same intention or similar intention does not require pre-arranged plan.
3. D and E have rivalry with M on different causes and different occasions. D and E are coming from the different lanes. They see M at the centre (chowk). D attacks and stabbs with his knife. E also attacks M with club. Both of D and E stabb and beat M to death. Here each of D and E is liable under Sec. 302 separately.
4. There is “no prior meeting of minds” before the act committed.
5. The persons who actually participated in committing the criminal act having similar intention are punished according to the nature of their acts. The persons who facilitated in committing the crime are punished as abettors.