AJAY SHARMA vs STATE OF RAJASTHAN

The Supreme Court held that the appellant's conviction under Section 302 read with Section 34 IPC was unsustainable as the evidence did not establish a common intention to kill. The Court found that the appellant merely instigated the act of striking without knowledge of the weapon used, leading to a conviction under Section 324 read with Section 110 IPC instead. The appellant's sentence was modified to the period already undergone, and his bail bonds were cancelled.