In Brief
This case concerns the murder of a man (Vesta) during Diwali, allegedly by three accused under Section 302 read with Section 34 IPC based on a land dispute. The sole eye-witness (the victim's wife) testified that accused No. 1 assaulted the victim with an axe, while accused No. 2 merely accompanied him to invite the victim to dinner. The Trial Court and High Court convicted accused No. 2 for murder based on alleged common intention and conspiracy. The Supreme Court allowed the appeal, holding that mere companionship in calling the victim to dinner, without any specific overt act or credible evidence of participation in the assault or disposal of the body, cannot sustain a conviction under Section 302 read with Section 34 IPC. The conviction was quashed and accused No. 2 was released."
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