MATIULLAH SHEIKH vs THE STATE OF WEST BENGAL

The Supreme Court upheld the conviction of the appellants under Sections 449 and 307 read with Section 34 of the Indian Penal Code, affirming that an act can be committed 'in order to' an offence even if the offence is not completed. The Court clarified that the phrase 'in order to' in Section 449 IPC means 'with the purpose of', and whether the purpose was accomplished is irrelevant. The Court held that all participants in a common intention are liable for the entire criminal act, regardless of the outcome of the intended offence.