In Brief
Gulab was convicted under Section 302 read with Section 34 of the Indian Penal Code for his role in the murder of Hanifa, allegedly shot by Idrish after Gulab exhorted him that "the enemy has been found." Three eyewitnesses—relatives of the deceased—consistently testified to the incident. Gulab challenged the conviction arguing the witnesses were interested, the FIR was delayed, and no weapon was recovered. The Supreme Court upheld the conviction, holding that related witnesses are not automatically discredited, common intention under Section 34 does not require an elaborate pre-plan, and exhortation immediately preceding the fatal shot proves involvement. The delayed FIR was satisfactorily explained by fear and distance from the police station.
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