In Brief
Two appellants (accused nos. 3 and 4) were convicted under Section 302 read with Section 34 IPC for their alleged role in the murder of Mohammad Shakil, a dispute that arose over water supply in a residential building. The prosecution case relied solely on the testimony of family members of the deceased, who claimed the appellants caught hold of the victim to facilitate the fatal stabbing by other accused. The Supreme Court held that common intention under Section 34 requires a prearranged plan, which must be proved from conduct, circumstances, or incriminating facts. The absence of independent corroborating evidence, no recovery of incriminating material, the presence of only interested witnesses, and no overt act beyond merely catching hold of the deceased rendered the conviction unsustainable. The appeal was allowed and the appellants were acquitted.
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