COMMON INTENTION
Common Intentioning and to Mado
Section
34 applies when a criminal act is done by two or more persons in furtherance of
the common intention of all of them whereas section 149 applies when any criminal act is committed by any member of an unlawful assembly in prosecution of
the common object of that assembly-Penal Code, S.34.
Ataur
Rahman and others Vs. The State, 14BLD(ICD)391 Ref: 37 DLR 157 Cited
Common
Intention
Common
intention within the meaning of this section presupposes a prior concert. There
must be a prior meeting of the minds leading to a pre-arranged plan to commit
the offence. The common intention to commit the offence invites the application
of section 34 of the Penal Code. It is intended to meet a case where the
members of a party acted in furtherance of the common intention of all but it
was difficult to prove exactly the part played by each of them. When two or
more persons do a thing jointly involving criminal liability, it is just the
same thing as if each of them had done it individually-Penal Code, 1860, S. 34.
The
State Vs. Tajul Islam and others, 15BLD(HCD) 53 Ref: 44 DLR 83; A. 1. R. 1957
(SC) 381; 16 DLR (SC) 94; 16 DLR (Dhaka) 189; 29 DLR (SC) 271; A. I. R. 1978
(SC) 1248; A. I. R. 1939 (Cal) 65; A.I.R. 1929 (Bombay) 327; PLD 1957 (West
Pakistan) Lahore, 956; A.I.R. 1946 (Sind) 43; 12DLR (SC) 217; 27 DLR (AD) 29;
44 DLR (AD) 10; A.I. R. 1952 (SC) 474; A. 1. R. 1976 (SC) 2027- Cited
Common
intention
Section
34 and 149 of the Penal Code are two distinct and separate offences with different ingredients. Section 34 of the Penal Code involves a direct overt act on
the part of the accused sharing a 'common intention' with others for the
commission of an offence while section 149 of the Penal Code is essentially a
vicarious liability for being a member of an unlawful assembly with the 'common
object' of committing the offences. These two offences are of different nature
as well- Penal Code, Ss.34 and 149.Abu Talukder Vs. The State, 19BLD (HCD) 225
Common
Intention
Common
intention is an intention to commit the crime actually committed and each
accused can be convicted if he shared the common intention. This is anterior to
the commission of the crime and it has no reference to the time of the
commission of the offence.
Unless
a person is found that he carried with him a dangerous weapon he cannot be
convicted u/s 148 of the Penal Code on a general statement that the accused
persons carried with them dangerous weapons-Penal Code, Ss. 34 and 148
Nurul
Haque Matbar and others Vs. The State, 14BLD (HCD) 178
