Madhav vs. State of M.P.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 727 of 2009, Judgment Date: Sep 19, 2018

Law laid down -

1. Deposition of Investigating Officer-A public servant must be presumed to act honestly and conscientiously and their evidence has to be assessed on its intrinsic worth and cannot be discarded.
2. Plea of Private Defence- Even if an accused does not plead self defence, it is open to the court to consider such a plea if the same arises from the material on record.
3. Common intention under Section 34 of IPC- "Common Intention" implies a pre-arranged plan and acting in concert pursuant to the plan. When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Madhav vs. State of M.P.