In Brief
Three accused persons (A3, A4, and A2) were convicted of culpable homicide not amounting to murder (Section 304 Part I IPC) read with Section 34 IPC in connection with the death of a hotel owner. A1 fired the fatal shot. The trial and high courts found no premeditation or prior concert, placing the offence under Exception 4 to Section 300 IPC. The Supreme Court allowed the appeals of A3 and A4, finding insufficient evidence to prove common intention under Section 34 IPC. The prosecution's key witness regarding prior concert was disbelieved, and PW6's testimony about A3 and A4 instigating the shooting was an unsubstantiated improvement on his earlier statement. Without proof of common intention and participation, Section 34 IPC could not be invoked against these two accused.
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