B. N. SRIKANTIAH & OTHERS vs THE STATE OF MYSORE

The Supreme Court upheld the convictions of three appellants under Section 302 IPC for the murder of Anne Gowda, affirming that the omission of Section 34 IPC in the charge did not prejudice the appellants as they were tried as sharers in the offence. The Court established that common intention is a factual question derived from the actions of the parties, and the evidence indicated preconcert and a collective attack on the deceased. The Court found that the ferocity of the assault and the nature of the injuries confirmed the common intention to murder.