SUKHA AND OTHERS vs THE STATE OF RAJASTHAN.

The Supreme Court clarified the distinction between 'common intention' under Section 34 and 'common object' under Section 149 of the Indian Penal Code, emphasizing that in cases under Section 149, prior concert is not necessary, only a shared unlawful object among five or more individuals. The Court upheld the concurrent findings of the lower courts that an unlawful assembly existed, as evidence indicated that the unlawful object developed during the riot. The appeal against the acquittals was dismissed, affirming the lower courts' decisions.