Court caseAIR 1945 PC 118

A quarrel arose over the collection of reeds by the river. Wali Shah and Mahbub Shah came running with guns in response to shouts for help; Wali Shah shot and killed Allah Dad, while Mahbub Shah fired at and wounded another man. Mahbub was convicted of murder under section 302 read with section 34.

The Privy Council set aside the conviction for murder. Common intention within section 34 implies a pre-arranged plan and a prior meeting of minds; the act must be done in furtherance of that plan. Though the plan may develop on the spot, the evidence showed at most that each accused had a similar intention to fight, not a common intention to kill. Care must be taken not to confuse same or similar intention with common intention.