Mithu Singh vs The State Of Punjab

The Supreme Court held that for a conviction under Section 302/34 IPC, the prosecution must prove a common intention to commit the crime, which was not established in the case of Mithu Singh. The Court found that Mithu Singh's mere presence at the scene with a firearm, without any overt act or evidence of shared intention with co-accused Bharpur Singh, was insufficient for conviction. Consequently, the Court acquitted Mithu Singh of the charges under Section 302/34 IPC and Section 27 of the Arms Act, reversing the lower court's decision.