State Of M.P vs Deshraj & Ors on 29 January, 2004
In the case of State of M.P. v. Deshraj, reported at (2004) 13 SCC
199, the Apex Court held that the distinctive feature of Section 34 is
the element of participation in action. The liability of one person for
an offence committed by another in the course of criminal act
perpetrated by several persons arises under Section 34 if such criminal
act is done in furtherance of a common intention of the persons who
join in committing the crime. It is not necessary that the acts of the
several persons charged with commission of an offence jointly must
be the same or identically similar. The acts may be different in
character, but must have been actuated by one and the same common
intention in order to attract the provision. The relevant para 5 reads as
under: