HomeMahbub Shah v. Emperor (AIR 1945 PC 118)

Facts

The appellant, Mahbub Shah was convicted of murder by the Sessions Judge and thus, the appellant has filed an appeal. He was convicted along with his cousin whose conviction was set aside by the High Court. Another man, his uncle named Wali Shah who was the one who fired the shot is missing. The deceased had come from his village in a boat to cut reeds. Mohammad Shah, father of Wali Shah saw them and told them not to make reeds from his land but in spite of this, they took the reeds. While they were leaving, Mohammad Shah’s nephew Ghulam Shah asked them to give back the reeds but they refused. This led to a fight between Ghulam Shah and the deceased, on which Ghulam Shah called for help. On hearing this, Wali Shah and Mahbub Shah came and both of them had guns. When the deceased and another person with him came in front of them, Wali Shah shot at the deceased and Mahbub Shah shot the other person. The other person survived with injuries.

Issue

Whether the appellant can be convicted for murder read with Section 34 IPC?

Rule

Section 34 IPC.

Analysis

The Court said that for common intention, there needs to be a prearranged plan. The Court pointed out that what needs to be seen is whether a common intention was formed between Mahbub Shah and Wali Shah when Ghulam Shah called for assistance. The Court noticed that there could be the same intention of Mahbub Shah and Wali Shah when Ghulam Shah called for help which was to help Ghulam with the help of a gun if needed, but there was nothing to show that the two had developed a prearranged plan to form a common intention.

Conclusion

The conviction of the appellant was set aside.

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