In Brief
In this criminal appeal, the Supreme Court examined whether the High Court correctly altered charges against two appellants from Section 302/149 IPC (murder in unlawful assembly) to Section 302/34 IPC (murder with common intention) after acquitting eight co-accused. The Court held that although procedural alteration was permissible in principle, the prosecution had adduced no evidence of common intention between the three remaining appellants to commit murder. Each appellant had inflicted only simple injuries; the fatal gunshot was fired by an acquitted co-accused. Accordingly, the Court set aside the conviction under Section 302/34 IPC, altered it to Section 324 IPC (voluntarily causing hurt), and sentenced them to time already served (seven years) plus a fine of Rs. 10,000 each, or three months imprisonment in default.
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