A mere common intention per se may not attract Section 34 IPC, sans an action in furtherance, the Supreme Court observed in a judgement delivered in a criminal appeal on 7 Jan 2022. In this case, the appellants were convicted under Section 304 part 1 of the Indian Penal Code (IPC) with life sentence. They filed appeal challenging the invocation of Section 34 of the Indian Penal Code to convict them along with other accused. The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh agreed with the submission on behalf of the appellant that the evidence available is not sufficient enough to hold that Section 34 IPC is attracted as against them. There is no evidence at all on record to hold that A3 and A4 were aware of the fact that A1 was having a gun with him, the court said.
