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Vijendra @ Gorkha & Anr. vs. State of Rajasthan

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Penal Code, 1860–Sec. 34–Application of–Held, if the common intention is proved but the overt-act of the individual in not attributed, the Section would be applied–However, if the common intention could not be proved and
the participation of the accused has been proved, Section 34 cannot be applied.