In Brief
The appellant, son of the deceased, challenged the High Court's acquittal of his father's accused (original accused No. 2, Jaiprakash Narain Singh). The murder occurred at night over a land dispute. Three eye-witnesses consistently testified that the respondent, with his son, went to kill the deceased and exhorted his son to shoot. The High Court believed the witnesses but acquitted the respondent, reasoning he only exhorted and played no overt act. The Supreme Court held that the High Court erred: if witnesses are reliable (as the High Court found), their evidence must apply equally to both accused. Exhortation coupled with presence and common intention suffices under Section 34 IPC. The Court allowed the appeal and restored the conviction and life imprisonment sentence.
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