In Brief
A man was killed during a village dispute that erupted months after Gram Panchayat elections, with the victim belonging to the losing faction. Twelve persons, including respondent Baliram, were accused of rioting and murder. The trial court convicted only two accused under Section 302 read with Section 34 IPC, finding a common intention to kill. The High Court acquitted respondent Baliram, finding the eyewitnesses (all related to the deceased) unreliable; their testimony showed respondent gave a blow to the body, not the fatal head blow. Medical evidence showed only simple injuries, inconsistent with assault by 13 persons. The Supreme Court upheld the acquittal, holding that without proof of an unlawful assembly or common intention, and lacking evidence that the accused inflicted a fatal injury, Section 34 IPC could not sustain conviction for murder.
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