SURESH vs STATE OF U.P.

The Supreme Court interpreted Section 34 of the Indian Penal Code, establishing that a co-accused can be held liable for a criminal act even if they did not perform an overt act, provided they shared a common intention with the principal offender. The Court emphasized that common intention can be formed before or during the commission of the offence, and that mere physical presence at the scene is sufficient for liability under this section. The judgment reinforces the principle of vicarious liability in criminal law, clarifying that the absence of an overt act does not negate culpability under Section 34 IPC.