A query on section 34 of ipc

How will they prove that intention was just to hit and not kill? They all will be charged with IPC 302/34 etc.

well If they Prove Somehow....

Like they Try to stop their Friend to Kill That Person....

For e.g. They Shout NOOO Don't Kill him....

It can Easily be Proved in Court by Witnesses...

Well a difficult one....the principles of criminal jurisprudence needs to be applied...an accused is presumed innocent until proved otherwise....

If the others will be charged to cause hurt or grevious hurt  as a part of common intention....

And the one who killed will be charged with 302 and hurt or grevious hurt....

A case which will practically require good presentation and a lawyer...

Thanx...

Section 149 Says If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

I Guess Even Section 149 will not be Applicable Because There common object of that assembly was to Hit That Person not to kill him....

There's a point of Instant Kill in IPC or Something Like that.... i don't know....will it be Applicable

or is There any other Section Dealing with this Situation....

Thnx for your Valuable Time 

the acts of one person will be transferred to others also...group libility so is the intention.if one has intention to kill and others participated then that intention to kill will become common.main thing is participation

Your case will come within the ambit of section 38 instead of 34 if you prove the intention of other two was not to kill the person.

There is a large difference between common intention and same or similar intention.

This section 38 says the person would liable for his perticular intention.

As you r a student so go thru both the section and find your answer.

@Ravikant Soni: Well Thnx Sir....
Yes it's my Mistake... i didn't Read other Sections.... I Just Read it in My own book...
You are Absolutely Right....

Thnx for ur Guidance...

There's Another Question in My Mind....

Section 34, 35, 38 Deal with Same Subject.... but what's the Difference Among Them...

Thnx
may My God bless All...

@ kunnal 

when they entered the room to hurt that person then they come under ambit of sec 34 bcoz their common intention was to hurt that person with the stick and futher they acted in common intention. but when one of them killed that person then they were not acting under common intention.

regards-

rahul.gogreen@gmail.com

Yes Dude This will Come Under Section 38