SHIV PRASAD CHUNILAL JAIN vs THE STATE OF MAHARASHTRA

The Supreme Court held that for the applicability of Section 34 IPC, an accused must have participated in the commission of the crime, either by performing an act that constitutes the crime or by indicating their involvement at the time of the crime. In this case, the appellants did not participate in the actual commission of the offences committed by accused No. 1, who alone executed the criminal acts. Therefore, the Court set aside the conviction of the appellants under Section 34 IPC, emphasizing that mere prior agreement to commit a crime does not suffice for liability under this section.