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Gulab vs. State of Uttar Pradesh (SC)

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Penal Code, 1860–Sec. 34–Fundamental principles of Section–
(i) Section 34 does not create a distinct offence but is a principle of constructive liability,
(ii) In order to incur a joint liability for an offence, there must be a prearranged and pre-mediated concert between the accused persons for doing the act actually done,
(iii) There may not be a long interval between the act and the premeditation and the plan may be formed suddenly–In order for Sec. 34 to apply, it is not necessary that the prosecution must prove an act was done by a particular person; and
(iv) The provision is intended to cover the cases where a number of persons act together and on the facts of the case, it is not possible for the prosecution to prove who actually committed the crime.