In Brief
The appellants were convicted of murder under Section 302 read with Section 34 IPC for allegedly holding the victim to facilitate stabbing by other accused persons. The Supreme Court set aside their conviction, holding that Section 34 IPC requires proof of a pre-arranged plan and common intention through prior concert of minds. The Court found that mere presence and alleged holding of the victim, without independent witnesses, incriminating materials, or recovered evidence, cannot establish common intention. The case rested entirely on interested family witnesses with a history of civil disputes, raising suspicion of false implication. Since no pre-arrangement or necessary inference of common intention emerged from the evidence, the appellants were acquitted.
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