Common intention contemplated by S. 34 IPC pre-supposes prior concert. It requires meeting of minds. It requires a prearranged plan before a man can be vicariously convicted for the criminal act of another. The criminal act must have been done in furtherance of the common intention of all the accused. In the present case, the non examination of two crucial eyewitnesses makes the prosecution case about the existence of prior concert and prearranged plan extremely doubtful. In a given case, the plan can be formed suddenly. Hence appellant acquitted.
[Gadadhar Chandra v. State of W.B., (2022) 6 SCC 576]