Common Object u/s 149
Following are the essentials of common object;
- Any member of unlawful assembly commit offence
- Furtherance of common object of such unlawful assembly
- Every member is liable for such offence at the time of committing of offence
Common Intention u/s 34
- There must be criminal act
- Committed by several persons (five or more in common object)
- Furtherance of common intentions of all
- There must be common motive
- There must be some preparation
- There must be some pre-plan
- Actual commission of such crime
Once it is established that all accused had common intention to commit an offence it becomes immaterial as to what part is done by whom as vicarious liability is that those who stand together must fall together.
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