Common intention and similar intention was distinguished

Solution

In the case of Mehboob Shah vs. Emperor, the concept of "common intention" and "similar intention" was distinguished. The case involved a group of individuals who were accused of committing robbery and causing the death of a person during the course of the robbery. The issue before the court was whether all the accused could be held liable for the death of the person or only those who had the common intention to cause the death. The court held that for the accused to be held liable for the death, they must have had a common intention to cause the death. Mere presence or participation in the robbery would not make them liable for the death. The court also distinguished the concept of "similar intention," which means that if the accused had the same intention to commit the crime but did not have a common intention to cause the death, they could still be held liable for the death if it occurred during the commission of the crime. Therefore, the case of Mehboob Shah vs. Emperor is significant in criminal law jurisprudence, as it clarified the distinction between "common intention" and "similar intention" and the circumstances in which an accused can be held liable for the actions of others in a criminal act.