Rajkishore Purohit vs State of Madhya Pradesh - Supreme Court Case

 Rajkishore Purohit vs State of Madhya Pradesh - Supreme Court Important Judgment 2017 - 

 

On 1st August, 2017, in the case of Rajkishore Purohit v. State of Madhya Pradesh and Others [Criminal Appeal No.1292 of 2017], it was held that “common intention is a state of mind. It is not possible to read a person’s mind. There can hardly be direct evidence of common intention. The existence or non-existence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula. The absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention.”

It was further held that “if common intention by meeting of minds is established in the facts and circumstances of the case, there need not be an overt act or possession of weapon required, to establish common intention.”