In Brief
Killer Thiayagu was convicted of murder under Section 302 read with Section 34 (common intention) for a knife attack in which he allegedly exhorted co-accused to assault the victim. The High Court acquitted three co-accused but upheld his conviction. The Supreme Court allowed the appeal in part, holding that once co-accused are acquitted and there is no evidence of other persons acting in concert, vicarious liability under Section 34 cannot attach. The appellant could only be held liable for the specific knife injury he inflicted on the victim's leg, downgrading his conviction to Section 324 (causing hurt). He was set at liberty immediately after serving seven years in custody.
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