In Brief
A-1 was convicted of murder under Section 302 read with Section 34 (common intention) along with three co-accused. The High Court acquitted the three co-accused due to credibility issues in the sole eyewitness account but upheld A-1's conviction. The Supreme Court held that vicarious liability under Section 34 cannot apply where the alleged co-conspirators are acquitted and no other persons are shown to have acted jointly. Since A-1 personally caused only a knife wound to the victim's leg, he was liable only for grievous hurt under Section 324. The Court set aside the murder conviction and converted it to Section 324, remitting him to liberty given seven years in custody."
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