In 1945 the Privy Council acquitted Mahbub Shah of murder, holding that Section 34 IPC demands a pre-arranged plan — a shared intention, not a merely similar one — to fasten constructive liability.
Vivian Bose J.'s 1955 judgment refined Section 34 IPC, holding that common intention may form on the spur of the moment but must be distinguished from a merely similar intention — a distinction 'fine but nonetheless a real one'.