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However, in view of the importance of the matter, in so
far as the interpretation of Section 34 of the Indian Penal
Code is concerned, we have chosen to express our views
...in
the light of consistent legal approach on the subject
throughout the period of judicial pronouncements. For the
applicability of Section 34 to a co-accused, who is proved
to have common intention, it is not the requirement of law
that he should have actually done something to incur the
criminal liability with the aid of this section. It is now
well settled that no overt act is necessary to attract the
applicability of Section 34 for a co-accused who is
otherwise proved to be sharing common intention with the
ultimate act done by any one of the accused sharing such
intention.
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