Barendra Kumar Ghosh v. King Emperor Barendra Kumar Ghosh
AIR 1925 PC 1; (1924) 52 IA 40 · Judicial Committee of the Privy Council · 1925
PrincipleEvery participant in a crime committed with a common intention is liable as if he did it alone.
Facts
Several armed men went to a post office to rob it. Some entered and shot the postmaster dead while Barendra, on his own account, only stood outside at the door. He was convicted of murder under section 302 read with section 34.
Held
The Privy Council held that section 34 deals with the doing of separate acts, similar or diverse, by several persons; if all are done in furtherance of a common intention, each person is liable for the result as if he had done it alone. Even if Barendra did nothing but stand at the door, 'they also serve who only stand and wait'. His conviction was upheld.
Loading the full case…