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Vinod Kumar Shantilal Gosalia Vs. Gangadhar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Judge
Reported in1980Supp(1)SCC340; 1981(13)LC152(SC)
AppellantVinod Kumar Shantilal Gosalia
RespondentGangadhar and ors.
Excerpt:
- indian penal code, 1890 section 34: [dr. arijit pasayat & asok kumar ganguly,jj] scope held, section is based on principle of joint liability. essence of liability is to be found in existence of a common intention. section applies even if no injury has been caused by particular accused himself. sections 34: murder common intention - accused alleged to have killed deceased as he has eloped with sister of one of accused - appellant not having any animosity with deceased and was not armed overt act alleged against him was not proved held, merely because he was in company of accused who were armed is not sufficient to attract section 34. conviction under section 300 r/w section 34 was set aside. s. murtaza fazal all, j.1. after having heard counsel for the parties we reserved judgment. on going through the judgment of the judicial commissioner and the documents and after a careful consideration of the arguments of the parties, we find that these appeals involve a substantial question of law of great importance which is likely to govern a number of cases arising out of mining leases in the present territory of goa, daman & diu. we, therefore, direct that this case be placed before a larger bench. let these appeals be placed before the hon'ble the chief justice for orders.
Judgment:

S. Murtaza Fazal All, J.

1. After having heard counsel for the parties we reserved judgment. On going through the judgment of the judicial Commissioner and the documents and after a careful consideration of the arguments of the Parties, we find that these appeals involve a substantial question of law of great importance which is likely to govern a number of cases arising out of mining leases in the present territory of Goa, Daman & Diu. We, therefore, direct that this case be placed before a larger Bench. Let these appeals be placed before the Hon'ble The Chief Justice for orders.


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