Prior Meeting of Mind is not Proved Under Section 34 of I.P.C

Introduction Sec 34 of the Indian Penal Code states that when a criminal act is done by several persons having common intention to do such activities and they all are equally liable for a criminal act in the same manner as if it is done by him alone. The requirement of this section is a common intention, common knowledge, conspiracy, and common object. But what happens if the prior meeting of the mind is not proved in the criminal act.


Akloo Ahir v. the State of Bihar (2010) In this case Kishore Bhagat ( deceased) was coming back with his father after feeding the cattle.

The first accused Garju Ahir asked him to return his fodder machine. When he refused to do so, then he shot at him but missed the target. Akloo Ahir came and fired a shot at him, but he too missed the target then Suresh Singh and Brij Mohan Ahir too came and Suresh shot at him which hit Kishore and he died at the Spot. It was held that in this case, there was no evidence of a prior meeting of the minds between them, and they all came one after the other on the spot as they all were living in close proximity to each other. It could be possible that they were attached to the noise of the gun. So they visited the spot. Therefore, it was also held that the convict won't be punishable for murder with aid of Section 34 of I.P.C as there was no proper meeting of minds and the conviction of Akloo Ahir was reduced from ten years to five years.





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