{"id":440,"date":"2020-04-23T10:29:53","date_gmt":"2020-04-23T10:29:53","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=440"},"modified":"2021-01-07T05:27:17","modified_gmt":"2021-01-07T05:27:17","slug":"common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/","title":{"rendered":"Common Intention is a species of constructive liability and the same shall not be confused with Similar Intention: Calcutta HC"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 31st December 2019 <\/strong><\/p>\n\n\n\n

Jagan Gope & Ors. V\/s. State of West Bengal CRA 389\/2012<\/strong><\/p>\n\n\n\n

FACTS\nOF THE CASE<\/strong><\/p>\n\n\n\n

  1. The\ninstant appeal before the High Court was filed against the impugned order of\nthe Sessions Court dated 10.05.2012 & 11.05.2012 which has convicted the\nappellants for rigorous imprisonment for Life and \u20b95,000 each as fine. <\/li>
  2. Prosecution\ncase, as alleged, against the appellants is that on 12.7.98 at 10.00 P.M.,\nthere was a dispute over catching of fish between Abodh Saran Gope, the\ndeceased on the one hand and Ashadhan Gope, Bhadru Gope and Sasthi Gope on the\nother hand. The miscreants were chased away. Tulshi Gope, father of Bhadru and\nSasthi threatened Abodh that he has become a rich person and should be taught a\nlesson. <\/li>
  3. On\n13.7.98, Abodh Gope, who was the Headmaster of Sirkadih Primary School, had\ngone to the school to discharge his duties. Around 1.00 P.M., the appellants\nbeing variously armed assaulted Abodh in the school resulting in his death. <\/li>
  4. The\nincident was witnessed by P.W.6, Mathur Gope who reported the matter to\nNilmohan Gope, P.W.3, brother of the deceased. Nilmohan Gope intimated Monoj\nKumar Gope, P.W.1, son of the deceased who along with his uncle went to the\nspot and found his father dead. <\/li>
  5. On\nthe way to the police station, they were threatened by Sasthi Gope and Ashadhan\nGope. Written complaint was lodged at Baghmundi Police Station resulting in\nregistration of Baghmundi P.S. Case No.32 of 1998 dated 13.7.1998 under\nSections 302\/109\/34 of the Indian Penal Code.<\/li>
  6. The\ncharge-sheet was filed before the Ld. Additional Sessions Judge, who on the\nbasis of the evidence convicted the 6 accused in the instant matter. <\/li><\/ol>\n\n\n\n

    ISSUES\nRAISED<\/strong><\/p>\n\n\n\n

    1. What\nconstitute \u2018Common Intention\u2019 and whether the present case fulfils its\nessentials? <\/li>
    2. Whether the charge levied u\/s. 302\/34 is\nproved against the Sasthi Gope & Ashadhan Gope? <\/li><\/ol>\n\n\n\n

      RULING\nOF THE COURT\/ THE COURT HELD THAT<\/strong><\/p>\n\n\n\n

      The\nHon\u2019ble High Court of Calcutta upheld the conviction and sentence of the Jagan\nGope, Bhadru Gope, Jishu Gope and Ajit Gope, whereas the conviction &\nsentence of Sasthi Gope and Ashadhan Gope were set aside, opining the following\nobservations:<\/p>\n\n\n\n

      1. \u201cCommon\nintention under Section 34 of the Indian Penal Code is a species of\nconstructive liability which renders every member of a group who shares such\nintention responsible for the criminal act committed by anyone of them when\nsuch act is done in furtherance of the common intention. Common\nintention, however, cannot be confused with similar intention. Although accused\npersons may have similar intention to commit a crime, say murder, until and\nunless the pre-requisites of : (a) pre-consent, (b) presence and (c)\nparticipation in respect of each accused are established, it cannot be said\nthat they shared common intention and be culpable for the crime committed by\nany of them in furtherance to such intention.<\/em><\/strong><\/li>
      2. Although\nthere is some evidence that Sasthi and Ashadhan had enmity with the deceased\nand may have tried to obstruct P.W. 1 and 3 from going to the police station,\nthere is no evidence on record that they were present at the place of\noccurrence and participated in the assault and murder of the victim with Jagan,\nBhadru, Jishu and Ajit.<\/li>
      3. I\nam not willing to give much credence to these pieces of evidence to come to a\nconclusion with regard to presence and participation of Ashadhan and Sasthi in\nthe crime. Enmity is a double-edged sword. While it gives justification to\ncommit the crime, it is also a vital motivation for interested witnesses to\nfalsely implicate innocent persons in the crime. Although the principle \u201cfalsus\nin uno, falsus in omnibus<\/em>\u201d is inapplicable in Indian jurisprudence,\nevidence of interested witnesses requires to be subjected to stricter scrutiny\nso that their overzealous versions do not rope in innocent persons along with\nthe real offenders. <\/li>
      4. Although,\nI am convinced with regard to the roles of Jagan, Bhadru, Jishu and Ajit in the\nmurder of the deceased, I am inclined to extend the benefit of doubt to Sasthi\nand Ashadhan.\u201d<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

        Harshit Sharma | Amity Law School, Madhya Pradesh | 31st December 2019 Jagan Gope & Ors. V\/s. State of West Bengal CRA 389\/2012 FACTS OF THE CASE The instant appeal before the High Court was filed against the impugned order of the Sessions Court dated 10.05.2012 & 11.05.2012 which has convicted the appellants for rigorous […]<\/p>\n","protected":false},"author":144,"featured_media":414,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"yoast_head":"\nCommon Intention is a species of constructive liability and the same shall not be confused with Similar Intention: Calcutta HC - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Common Intention is a species of constructive liability and the same shall not be confused with Similar Intention: Calcutta HC - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 31st December 2019 Jagan Gope & Ors. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Common Intention is a species of constructive liability and the same shall not be confused with Similar Intention: Calcutta HC - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/","og_locale":"en_US","og_type":"article","og_title":"Common Intention is a species of constructive liability and the same shall not be confused with Similar Intention: Calcutta HC - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 31st December 2019 Jagan Gope & Ors. 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State of West Bengal CRA 389\/2012 FACTS OF THE CASE The instant appeal before the High Court was filed against the impugned order of the Sessions Court dated 10.05.2012 & 11.05.2012 which has convicted the appellants for rigorous […]","og_url":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:53+00:00","article_modified_time":"2021-01-07T05:27:17+00:00","og_image":[{"width":400,"height":225,"url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/Calcutta-high-court.jpg?fit=400%2C225&ssl=1","type":"image\/jpeg"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Common Intention is a species of constructive liability and the same shall not be confused with Similar Intention: Calcutta HC","datePublished":"2020-04-23T10:29:53+00:00","dateModified":"2021-01-07T05:27:17+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/"},"wordCount":686,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["High Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/","url":"https:\/\/lexforti.com\/legal-news\/common-intention-is-a-species-of-constructive-liability-and-the-same-shall-not-be-confused-with-similar-intention-calcutta-hc\/","name":"Common Intention is a species of constructive liability and the same shall not be confused with Similar Intention: Calcutta HC - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":133,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/440"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=440"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/440\/revisions"}],"predecessor-version":[{"id":6972,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/440\/revisions\/6972"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/414"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=440"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=440"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=440"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}