LALLAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four decades ago, the Constitution Bench in Mohan Singh (Mohan Singh vs. State of Punjab, (1962) 3 Suppl. SCR 848 has been rather lucid in its expression as regards differentiation between Section 149 and Section 34 of the Indian Penal Code. In Mohan Singh this Court stated :

(2.) Four decades later, however, a Three-Judge Bench of this Court in Suresh (Suresh and another vs. State of U. P., (2001) 3 SCC 673 had the following to state pertaining to Section 34 of the Indian Penal Code.

(3.) What then is the fact situation said to have been proved in the present case It is in this context the factual score thus ought to be noticed at this juncture.