SURYA KANT AND OTHERS Vs STATE OF U.P. decided by Allahabad High Court on 31.8.2009

During course of that heated verbal onslaught, it is alleged that all of a sudden two of the appellants picked up knives but appellant Mani Kant picked up only a blunt object. Their was no challenge call nor their was any instigation to murder the deceased. No sooner than picking up the weapons that all the appellants launched an assault on the prosecution side. While two of theappellants assaulted the deceased but Mani Kant did not even endeavour to beat him. There is no evidence on record to even remotely suggest that Mani Kant had the same intention as that of his other two brothers.For the applicability of section 34 I.P.C. sharing of common intention is sine qua non. Without such sharing of intention section 34 I.P.C. has got no applicability. Thus Mani Kant Acquitted.