In Brief
The accused-appellant was convicted by the trial court under IPC Sections 302, 149, and 34 (murder with common intention in an unlawful assembly). The High Court partly allowed his appeal. The Supreme Court reviewed the circumstantial evidence and found that the record contained no clear allegation by the prosecution or supporting statement from eye witnesses establishing that the accused-appellant shared common intention with the main accused to kill the deceased. The Court partly allowed the appeal, finding that the available circumstantial evidence did not sufficiently support conviction.
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