PANDURANG, TUKIA AND BHILLIA vs THE STATE OF HYDERABAD.

The Supreme Court clarified that Section 34 of the Indian Penal Code necessitates prior concert for establishing common intention, which is distinct from having the same or similar intention. The Court emphasized that mere simultaneous attacks do not suffice for vicarious liability unless there is a prearranged plan among the attackers. The judgment reiterated that the inference of common intention must be drawn from the circumstances of each case, and it cannot be assumed without necessary evidence. The death sentences imposed under Section 302 IPC were upheld, as the prosecution established the requisite common intention among the accused.