In Brief
Two appellants were convicted of murder under Section 302 read with Section 34 IPC for allegedly holding the deceased while others stabbed him. The Supreme Court set aside their conviction, holding that common intention under Section 34 requires proof of a prearranged plan and prior concert of minds, not merely presence or passive participation. Without evidence of prior coordination or overt incriminating acts, and relying solely on interested family witnesses without independent corroboration, the Court found the conviction unsustainable. Each case must be determined on its own facts.
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