common intention require the existence of ‘same intention’

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      Jagan gope and others Vs State of West Bengal
      In this case, Abodh Gope, who was headmaster of Sirkadih Primary School was murder by Jagan Gope, Bhadru Gope, Jishi Gope, and Ajit Gope in the school in the afternoon. The incident was witnessed by Mathur Gope and he informed Abodh Gope’s brother and son about it. After they went to school and found Abodh Gope dead. Manoj Kumar Gope(son) and his uncle were going towards the police station but in between Sasthi Gope and Ashadhan Gope had threatened them. Written complaints were filed at the local police station. Based on the evidence Ld. Additional session judge convicted all six accused in the murder of Abodh Gope. But Hon’ble High court of Calcutta upheld the conviction and sentence and says that common intention cannot be confused with a similar intention. Although accused persons may have similar intention to commit a crime, say murder, until and unless the pre-requisites of (a) pre-consent, (b) presence, and (c) participation in respect of each accused are established, it cannot be said that they shared common intention and be culpable for the crime committed by any of them in furtherance to such intention. Sasthi Gope and Ashadhana Gope may have similar intentions as they also had issues with Abodh Gope but they had just tried to be hurdle while Manoj Kumar Gope (son) and his uncle were going to file the case. There is no evidence on record that they were present in school while Abodh Gope’s murder was done by Jagan Gope, Bhadru Gope, Jishi Gope, and Ajit Gope. They may have a similar intention but not a common intention. So when the intention is known and shared is called common intention i.e., A and B had planned and murdered C with common intention, and when the intention is same but not known and shared by anyone is called same intention or similar intention i.e., A and B want to kill C and B murdered C they share same intention, not the common intention.

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